Re Md Awald Hossain

CACV 126/2018

[2018] HKCA 639

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 126 OF 2018

(ON APPEAL FROM HCAL 873/2017)

________________

________________

Before:  Hon Cheung CJHC, Cheung and Yuen JJA

Date of Written Submissions:  17 September 2018

Date of Judgment:  26 September 2018

_________________

J U D G M E N T

_________________

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

1.By our judgment dated 24 August 2018 ([2018] HKCA 557), we dismissed the applicant’s appeal from the decision of Deputy High Court Judge Bruno Chan dated 27 April 2018 ([2018] HKCFI 879) refusing leave to apply for judicial review.

2.In his notice of motion dated 3 September 2018, the applicant gave these grounds for seeking leave to appeal to the Court of Final Appeal:

“I am not happy with the decision of Deputy High Court Judge Bruno Chan. My life is still in danger. Awami League is still (continue). If I returned to Bangladesh must be harmed and killed by the people because I will refused to join Awami League, searching for me in Bangladesh, Awami League has strong relation with political party, court and immigration department obtained all of the information from computer only, they don’t actually know about the corruption in Bangladesh. There is no hearing for poor Bangladesh. I don’t have money to bribe the police, kindly trust me.”

3.In his written submissions dated 17 September 2018, the applicant simply repeated his submissions previously made before the deputy judge.

4.It is plain that the applicant’s grounds and submissions 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).

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

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

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

The applicant acting in person