Case Document

100%Judiciary

CACV 27/2018

[2018] HKCA 603

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 27 OF 2018

(ON APPEAL FROM HCAL 209/2017)

________________

NAVEED MUHAMMAD

Applicant

________________

Before: Hon Cheung CJHC, Barma and Poon JJA

Date of Judgment: 17 September 2018

________________________

J U D G M E N T

________________________

Hon Cheung CJHC (giving the judgment of the court):

1.By our judgment dated 25 June 2018 ([2018] HKCA 363 – Cheung CJHC and Barma JA), we dismissed the applicant’s appeal from the decision of Deputy High Court Judge Bruno Chan dated 2 February 2018 ([2018] HKCFI 224) refusing leave to apply for judicial review. The applicant now seeks leave to appeal to the Court of Final Appeal.

2.In his notice of motion dated 17 July 2018, the applicant gives these grounds for seeking leave to appeal to the Court of Final Appeal:

“(1) In absence of proper legal advice, the advice I rely is not always from professionals, it can be conflicting and confusing. This is procedural unfairness.

(2) The help in translation has been sparing and inconsistent.

(3) The adjudicator only drew inferences negative to my case. It was an unbalanced view of information.”

3.It is plain that these grounds only concern case‑specific matters, but involve no issues of great general or public importance – the statutory criterion for granting leave to appeal to the Court of Final Appeal: section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance (Cap 484).

4.For the reasons we gave in paragraphs 14 to 20 of our judgment, we do not consider the proposed grounds of appeal to be reasonably arguable either.

5.There is no basis to grant leave on the “or otherwise” limb.

6.Accordingly, we dismiss the application for leave to appeal to the Court of Final Appeal.