Akhter Rana Shahid v. Director of Legal Aid

CAMP 12/2018

[2018] HKCA 187

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 12 OF 2018

(ON AN INTENDED APPEAL FROM HCAL NO. 51 of 2015)

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D E C I S I O N

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Hon Cheung JA (giving Decision of the Court) :

1.On 28 April 2015 Au J refused the applicant’s application for leave to apply for judicial review against the decision of the Director of Legal Aid.

2.On 7 February 2018 the applicant applied for extension of time to appeal against Au J’s decision.  We will now consider the application on paper. 

3.We will refuse the application as another division of this Court (Barma and Poon JJA) had on 29 March 2016 in HCMP 234/2016 already considered and refused an application by the applicant for extension of time to appeal against the decision of Au J. 

4.The applicant did not further challenge the decision given on 29 March 2016.

5.As the applicant’s application had already been considered by this Court, it is an abuse of process for the applicant to apply again to this Court to obtain the same relief.  Accordingly, the application is dismissed with costs to the proposed respondent.

The applicant, unrepresented

Ms Bonnie Chung, Government Counsel, of Department of Justice, for the proposed respondent