Luke Marsh
Biographic Data
| ID | 3648159 |
|---|---|
| NAME | Luke Marsh |
| GIVEN NAMES | Luke |
| FAMILY NAME | Marsh |
| SIGNATURE | MARSH L |
| AFFILIATIONS | Chinese University of Hong Kong |
| ORCID | 0000-0002-3861-0301 |
| VERIFIED | Yes |
| TOTAL WORKS | 8 |
| TOTAL CITATIONS | 5 |
| WORKS AS AUTHOR | 8 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 2011 |
| LATEST PUBLICATION YEAR | 2021 |
| H-INDEX | 1 |
The wrong vaccine
In a context where the criminal courts have been drastically affected by coronavirus, this paper seeks to demonstrate that the presumption of innocence risks becoming a further casualty of Covid-19. It will argue that prolonged pre-trial detention of unconvicted defendants has been sanctioned by the senior judiciary under the Custody Time Limit (CTL) Regulations. Following a series of important CTL decisions, a universal position of the senior ju…
Resuscitating criminal courts after Covid-19
This article, focusing on the issue of custody time limits litigated under Covid-19 conditions, sets out how reasoned decisions to refuse to extend custody for unconvicted defendants excited the disapproval of senior judges such that fundamental changes were made to evidence, procedure and proof as well as effecting permanent manipulation of the composition of the adjudicating panels authorised to deal with such cases. This additionally raises fu…
The Strategic Use of Human Rights Treaties in Hong Kong's Cage-Home Crisis
Using a socioeconomic rights framework, this article will evaluate government policy relating to housing welfare in Hong Kong. In particular, it will explore the alarming plight of cage tenants in Hong Kong, a highly marginalized group estimated to be as many as 200,000 in number, who live day to day in cramped, dank dwellings averaging 15 square feet in size. It will argue that current government policies are incompatible with the International …
Adversarialism goes West
This article examines the approach of criminal courts in England and Wales to case management alongside the contradictory pressures placed upon the pre-trial role of the defence advocate, when advising on plea, which have led to the erosion of the adversary ideal. It focuses on the overarching procedural code that ‘governs’ the relationship between defence lawyers and the judiciary in the conduct of criminal cases (the Criminal Procedure Rules) a…
Same-sex marriage in Hong Kong
Following a landmark ruling of Hong Kong's Court of Final Appeal, there is good reason to believe that a future challenge to legislation restricting marriage to opposite sex couples will be successful. Through the lens of W v. Registrar of Marriages, this article argues that the right to marry in Hong Kong is to be understood as an evolving concept and subject to a living interpretation by the courts. The government's argument that the courts sho…
Criminal Judges
Against a backdrop of a dysfunctional criminal justice system, the authors bring an avalanche of legal and empirical material to question the legitimacy of the relationship between judges, lawyers, politicians and defendants in modern Britain. Examining existing legal structures and court practices through the lens of what used to be called 'plea bargaining' the authors provide a graphic picture of why case disposals through enforced guilty pleas…
The 'Right to Work' of Refugees in Hong Kong
The Hong Kong government has a policy that prohibits refugees from working unless they are able to demonstrate ‘exceptional circumstances’. The government has applied this policy strictly on the grounds of Hong Kong’s ‘unique circumstances’ and the danger of enticing large numbers of ‘illegal immigrants’ to the territory. So far only a single refugee has been granted permission to work, raising questions about the policy’s reasonableness and the …
Joint Criminal Enterprise
The doctrine of Joint Criminal Enterprise (JCE), which imposes individual criminal responsibility on an accused for their participation in a group's common criminal plan, rose to prominence in the ICTY Appeal Chamber decision, Prosecutor v. Tadić. Since Tadić, there has been a general reluctance by international ad hoc tribunals to review the legal foundation of JCE. However, on 20 May 2010, the ECCC Pre-Trial Chamber (PTC) considered the applica…
The Strategic Use of Human Rights Treaties in Hong Kong's Cage-Home Crisis
Using a socioeconomic rights framework, this article will evaluate government policy relating to housing welfare in Hong Kong. In particular, it will explore the alarming plight of cage tenants in Hong Kong, a highly marginalized group estimated to be as many as 200,000 in number, who live day to day in cramped, dank dwellings averaging 15 square feet in size. It will argue that current government policies are incompatible with the International …
Same-sex marriage in Hong Kong
Following a landmark ruling of Hong Kong's Court of Final Appeal, there is good reason to believe that a future challenge to legislation restricting marriage to opposite sex couples will be successful. Through the lens of W v. Registrar of Marriages, this article argues that the right to marry in Hong Kong is to be understood as an evolving concept and subject to a living interpretation by the courts. The government's argument that the courts sho…
Joint Criminal Enterprise
The doctrine of Joint Criminal Enterprise (JCE), which imposes individual criminal responsibility on an accused for their participation in a group's common criminal plan, rose to prominence in the ICTY Appeal Chamber decision, Prosecutor v. Tadić. Since Tadić, there has been a general reluctance by international ad hoc tribunals to review the legal foundation of JCE. However, on 20 May 2010, the ECCC Pre-Trial Chamber (PTC) considered the applica…
Joint Criminal Enterprise
The doctrine of Joint Criminal Enterprise (JCE), which imposes individual criminal responsibility on an accused for their participation in a group's common criminal plan, rose to prominence in the ICTY Appeal Chamber decision, Prosecutor v. Tadić. Since Tadić, there has been a general reluctance by international ad hoc tribunals to review the legal foundation of JCE. However, on 20 May 2010, the ECCC Pre-Trial Chamber (PTC) considered the applica…
The 'Right to Work' of Refugees in Hong Kong
The Hong Kong government has a policy that prohibits refugees from working unless they are able to demonstrate ‘exceptional circumstances’. The government has applied this policy strictly on the grounds of Hong Kong’s ‘unique circumstances’ and the danger of enticing large numbers of ‘illegal immigrants’ to the territory. So far only a single refugee has been granted permission to work, raising questions about the policy’s reasonableness and the …
Criminal Judges
Against a backdrop of a dysfunctional criminal justice system, the authors bring an avalanche of legal and empirical material to question the legitimacy of the relationship between judges, lawyers, politicians and defendants in modern Britain. Examining existing legal structures and court practices through the lens of what used to be called 'plea bargaining' the authors provide a graphic picture of why case disposals through enforced guilty pleas…
Adversarialism goes West
This article examines the approach of criminal courts in England and Wales to case management alongside the contradictory pressures placed upon the pre-trial role of the defence advocate, when advising on plea, which have led to the erosion of the adversary ideal. It focuses on the overarching procedural code that ‘governs’ the relationship between defence lawyers and the judiciary in the conduct of criminal cases (the Criminal Procedure Rules) a…
Same-sex marriage in Hong Kong
Following a landmark ruling of Hong Kong's Court of Final Appeal, there is good reason to believe that a future challenge to legislation restricting marriage to opposite sex couples will be successful. Through the lens of W v. Registrar of Marriages, this article argues that the right to marry in Hong Kong is to be understood as an evolving concept and subject to a living interpretation by the courts. The government's argument that the courts sho…
The Strategic Use of Human Rights Treaties in Hong Kong's Cage-Home Crisis
Using a socioeconomic rights framework, this article will evaluate government policy relating to housing welfare in Hong Kong. In particular, it will explore the alarming plight of cage tenants in Hong Kong, a highly marginalized group estimated to be as many as 200,000 in number, who live day to day in cramped, dank dwellings averaging 15 square feet in size. It will argue that current government policies are incompatible with the International …
The wrong vaccine
In a context where the criminal courts have been drastically affected by coronavirus, this paper seeks to demonstrate that the presumption of innocence risks becoming a further casualty of Covid-19. It will argue that prolonged pre-trial detention of unconvicted defendants has been sanctioned by the senior judiciary under the Custody Time Limit (CTL) Regulations. Following a series of important CTL decisions, a universal position of the senior ju…
Resuscitating criminal courts after Covid-19
This article, focusing on the issue of custody time limits litigated under Covid-19 conditions, sets out how reasoned decisions to refuse to extend custody for unconvicted defendants excited the disapproval of senior judges such that fundamental changes were made to evidence, procedure and proof as well as effecting permanent manipulation of the composition of the adjudicating panels authorised to deal with such cases. This additionally raises fu…
Political science (8 works) · Law (6 works) · Law (6 works) · Sociology (6 works) · Appeal (3 works) · Government (linguistics (3 works) · Medicine (3 works) · Criminal Law and Evidence (2 works) · Criminal procedure (2 works) · Criminology (2 works)