Re Mk

HCMP 2609/2016

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 2609OF 2016

(ON AN INTENDED APPEAL FROM HCAL NO 151 of 2015)

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JUDGMENT

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

1.The Applicant’s application for leave to apply for judicial review was refused by A Chan J on 6 September 2016. He was then represented by lawyers.

2.He did not appeal against that decision within the time prescribed by Order 53 Rule 3(4).

3.On 30 September 2016, he (acting in person) filed an application for extension of time to appeal.  Though he also filed an affirmation on 30 September 2016, there was no explanation for the delay in the affirmation.  Neither did he set out his intended grounds of appeal in the summons or the affirmation filed by him.

4.His application for legal aid was refused on 20 October 2016.

5.On 30 September 2016, the court gave directions for filing of submission in support of the application.

6.Notwithstanding such directions and the expiration of the time for doing so, and despite reminder from court by a letter of 28 November 2016 the Applicant did not lodge any submissions in support of his application for extension of time to appeal.

7.Though the application was taken out not long after the expiration of the appeal period, the Applicant did not produce any grounds of appeal. 

8.In light of his failure to lodge submissions in accordance with the directions from the court, and the complete absence of any draft grounds of appeal to enable this Court to assess the arguability of such grounds, there is no basis for this court to exercise the discretion to extend the time to appeal. 

9.In the circumstances, we dismiss the summons of 30 September 2016. 

The applicant acting in person