Commissioned by LexisNexis, Belinda Ma and Peggy Pao contributed to the Annotated Ordinances of Hong Kong on the new title on the Prisoners (Release under Supervision) Ordinance (Cap 325) and Prisoners (Release under Supervision) Regulations (Cap 325A).
This title extensively deals with the provisions governing the voluntary, early release of persons in custody under the “Release under Supervision Scheme” and the “Pre-release Employment Scheme”, commonly known as “Plan A” and “Plan B”. The relevant application procedures and matters to be considered by the Release under Supervision Board are highlighted in the commentaries on s 6 of the Ordinance.
It is worth noting that decisions made by the executive under the Ordinance are not subject to appeal or review by court pursuant to s 18. In the light of the case law on similar ouster provision and the more recent UK Supreme Court decision reaffirming the fundamental common law presumption regarding the supervisory role of the court, it remains to be seen whether the wording in s 18 is sufficient to exclude the supervisory jurisdiction of the court. The Hansard and case law relating to this matter are further discussed in the commentaries on s 18 of the Ordinance.
Criminal practitioners may find this title particularly useful when advising lay clients on sentencing.