Martin Kwan

Martin Kwan is a legal researcher currently focusing on public, human rights and electoral laws.

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UK’s Approach Towards the Jurisprudence of the European Court of Human Rights

UK’s Approach Towards the Jurisprudence of the European Court of Human Rights

In R (on the application of AB) v Secretary of State for Justice, the teenage Appellant was sentenced for imprisonment at the Feltham Young Offenders’ Institution. Due to his problematic behaviour and the potential threats posed to ...
Ensuring the lawfulness of automated facial recognition surveillance in the UK

Ensuring the lawfulness of automated facial recognition surveillance in the UK

In R(Bridges) v South Wales Police, the England and Wales Court of Appeal reviewed the lawfulness of the use of live automated facial recognition technology (‘AFR’) by the South Wales Police Force. CCTV camera­­s capture images of the ...
Protection Against Human Trafficking in Hong Kong: A Disappointment

Protection Against Human Trafficking in Hong Kong: A Disappointment

In the recent Hong Kong Court of Final Appeal decision, ZN v Secretary for Justice & Others, the Court held that Art.4 of the Hong Kong Bill of Rights (‘BOR4’) does not prohibit human trafficking generally for exploitation, ...
Protecting the right to privacy against doxxing: injunction as the only effective means

Protecting the right to privacy against doxxing: injunction as the only effective means

Doxxing refers to the act of researching one’s private information (e.g. home address) and then exposing it publicly (usually by posting it on the internet). It is a form of cyber-harassment. In Hong Kong, given the recent political ...
Should government employees be able to criticise the government?

Should government employees be able to criticise the government?

In Australia, the Australian Public Service (‘APS’) is statutorily required to be ‘apolitical, performing its functions in an impartial and professional manner’ (s 10(1) of the Public Service Act 1999 (‘PSA’)). The employees of the ...
When does a person have an intellectual disability? The insights of the US Supreme Court

When does a person have an intellectual disability? The insights of the US Supreme Court

A death sentence against a convict with an intellectual disability (ID) would violate the Eighth Amendment’s proscription of cruel and unusual punishments, because it would serve no penological purpose. In the recent US Supreme Court ...
Should Canadian Citizens Abroad have an Unfettered Right to Vote?

Should Canadian Citizens Abroad have an Unfettered Right to Vote?

Canadian citizens who have resided abroad for five years or more did not have the right to vote in a federal election unless and until they resumed residence in Canada. The constitutionality of this limit on the right to vote was ...