Re Karnail Singh

CAMP 91/2018

[2018] HKCA 699

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 91 OF 2018

(ON AN INTENDED APPEAL FROM HCAL NO. 532 of 2017)

__________________________

__________________________

________________

JUDGMENT

________________

Hon Chu JA (giving the Judgment of the Court):

1.On 4 September 2018, this Court (Chu and Barma JJA) handed down our judgment dismissing the applicant’s application for leave to appeal out of time against the decision of Deputy High Court Judge Woodcock given on 7 June 2018 refusing him leave to apply for judicial review.  

2.By a Notice of Motion dated 7 September 2018, the applicant applied for leave to appeal against our judgment to the Court of Final Appeal.  On 20 September 2018, the applicant also put in a written submission to support his application. 

3.Pursuant to paragraph 3 of Practice Direction 2.1 on Applications for leave to appeal to the Court of Final Appeal filed in the Court of Appeal in Civil Cases, we consider it is appropriate to deal with this application on paper without an oral hearing.

4.Under section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, Cap. 484, leave to appeal to the Court of Final Appeal may be granted if the question involved in the appeal is one which, by reason of its great general or public importance, or otherwise, ought to be submitted to the Court of Final Appeal for decision.

5.In the Notice of Motion, the applicant requested to stay in Hong Kong to protect his life and until he has solved the problem in his country.   

6.In his written submission, the applicant stated that his enemies were powerful and politically well-connected, and they always went to his place to look for him such that it would not be safe for him to return to his country.

7.What the applicant stated in the Notice of Motion and written submission do not amount to proper grounds of appeal.  Nor do they involve any question of great, general or public importance.  There is also no other reason for submitting the proposed appeal to the Court of Final Appeal for decision. 

8.In the circumstances, the condition for giving leave to appeal is not met.  Accordingly, we dismiss the Notice of Motion.

The applicant, unrepresented, acted in person.