Re Shrestha Mahesh

CACV 234/2018

[2019] HKCA 57

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 234 OF 2018

(ON APPEAL FROM HCAL 566/2017)

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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.By our judgment dated 18 September 2018 (published as [2018] HKCA 619), we dismissed the applicant’s appeal from the decision of Deputy High Court Judge Bruno Chan dated 8 June 2018 ([2018] HKCFI 1229) refusing leave to the applicant to apply for judicial review.

2.The applicant seeks leave to appeal to the Court of Final Appeal by a notice of motion filed on 20 September 2018.

3.The applicant also filed an affirmation (exhibiting a copy of our judgment) in support of his application.     

4.In his written submissions of 30 October 2018, the applicant set out the factual narrative of his case and alluded to some general principles. He did not formulate any grounds of appeal by reference to the judgment of 18 September 2018.

5.For the reasons set out in our judgment, we dismissed the applicant’s appeal on the ground that he failed to put forward any viable ground to reverse the judge’s decision.  Based on the materials before us, we cannot find any reasonably arguable ground of appeal that justifies leave to appeal to the Court of Final Appeal.  

6.The applicant did not raise any question of great general or public importance for the Court of Final Appeal to determine. There is also no basis for leave to be granted on the “otherwise” limb.  Thus, the applicant failed to meet the statutory threshold under section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance (Cap 484) for leave to appeal to the Court of Final Appeal to be granted. 

7.For these reasons, we dismiss the notice of motion filed on 20 September 2018.

The applicant acting in person