Re Asghar Fahad

CAMP 84/2018

[2018] HKCA 908

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 84 OF 2018

(ON AN INTENDED APPEAL FROM HCAL 729/2017)

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J U D G M E N T

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

1.On 6 September 2018, this Court (Lam VP and Kwan JA) handed down judgment dismissing the applicant’s application for leave to appeal out of time against the decision of Deputy High Court Judge Josiah Lam given on 25 April 2018 refusing him leave to apply for judicial review.

2.By a Notice of Motion dated 26 September 2018, the applicant applied for leave to appeal against our judgment to the Court of Final Appeal. 

3.On 9 October 2018, the applicant also lodged a written submission, in which the applicant repeated the factual background of his case.

4.Pursuant to paragraph 3 of Practice Direction 2.1, we consider it is appropriate to deal with this application on paper without an oral hearing.

5.Section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance (Cap 484) provides that:

“ An appeal shall lie to the Court [of Final Appeal] at the discretion of the Court of Appeal or the Court [of Final Appeal], from any judgment of the Court of Appeal in any civil cause or matter, whether final or interlocutory, if, in the opinion of the Court of Appeal or the Court [of Final Appeal], as the case may be, 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.”

6.No question of great, general, or public importance has been raised in the notice of motion or submissions of the applicant.  There is also no basis for leave to be granted on the “otherwise” limb.  Accordingly, the statutory criteria laid down under section 22(1)(b) are not met.

7.For these reasons, we dismiss the Notice of Motion dated 26 September 2018.

The applicant acting in person