Re Shrestha Santosh Kumar

CACV 194/2018

[2019] HKCA 104

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 194 OF 2018

(ON APPEAL FROM HCAL 434/2017)

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Before: Hon Lam VP, Yuen and Kwan JJA in Court

Date of Written Submissions: 23 October 2018

Date of Judgment: 24 January 2019

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JUDGMENT

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

1.By our judgment dated 6 September 2018 (published as [2018] HKCA 583), we dismissed the applicant’s appeal from the decision of Deputy High Court Judge Woodcock dated 24 May 2018 (published as [2018] HKCFI 1051) refusing leave to the applicant to apply for judicial review.

2.By his notice of motion filed on 13 September 2018, the applicant seeks leave to appeal to the Court of Final Appeal.

3.The applicant also filed an affirmation, and written submissions of 23 October 2018 in support of his application. 

4.We have read the applicant’s Notice of Motion, affirmation and submissions. In those documents, the applicant did not raise any question of great general or public importance for the Court of Final Appeal to determine.  We also see 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. 

5.For these reasons, we dismiss the notice of motion filed on 13 September 2018.

The applicant acting in person