Cheung Moon Hoi Jeff v. Administrative Appeals Board

HCMP 3282/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 3282 OF 2015

(ON AN INTENDED APPEAL FROM HCAL NO 118 OF 2014)

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BETWEEN

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JUDGMENT

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Hon Lam VP (giving the Judgment of the Court):

1.On 2 June 2016, we handed down our decision refusing to extend the time for the Applicant to appeal against the decision of Fung J in refusing leave to apply for judicial review.

2.By a Notice of Motion of 7 June 2016, the Applicant applied for leave to appeal to the Court of Final Appeal against our decision.  Though the motion was brought on the basis that leave should be granted to raise points of great general or public importance to be determined by the Court of Final Appeal, neither the motion itself nor the attachments to the motion properly formulated any points of great general or public importance. The written submissions of the Applicant of 6 July 2016 suffer from the same defect.

3.The only point of substance raised in the documents filed by the Applicant relates to his contention that his written submissions to the Board on 31 December 2009 confirming the 3 cheques in question had been deposited to the Tai Fook bank account.  We do not see how it could give rise to any points of great general or public importance.

4.Nor do we see any merit in the contention.  The fact that the cheques had been deposited into the bank account of Tai Fook did not necessarily mean that Tai Fook was in possession of them.  In any event, it is clear from the judgment of the Board that quite apart from this question there were other sufficient grounds for it to hold the Applicant to have acted in a frivolous or vexatious manner in the course of the proceedings before the Board.

5.There is no valid basis for leave to appeal to be granted on the “or otherwise” limb.

6.In the circumstances, we dismiss the Notice of Motion of 7 June 2016.

The applicant acting in person