Re Morol Rana

CACV 201/2018

[2019] HKCA 109

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 201 OF 2018

(ON APPEAL FROM HCAL 778/2017)

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

Date of Written Submissions: 7 November 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 18 September 2018 (published as [2018] HKCA 617), we dismissed the applicant’s appeal from the decision of Deputy High Court Judge Josiah Lam dated 21 May 2018 (published as [2018] HKCFI 1063) refusing leave to the applicant to apply for judicial review.

2.By his notice of motion filed on 27 September 2018, the applicant seeks leave to appeal to the Court of Final Appeal.

3.The applicant also filed an affirmation dated 27 September 2018 and lodged his written submissions on 7 November 2018 in support of his application.

4.In the notice of motion, affirmation and submissions, the applicant did engage with our reasons for dismissing his appeal. He did not raise any question of great general or public importance for the Court of Final Appeal to determine.  Nor do we find any basis to grant leave 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 27 September 2018.

The applicant acting in person