Re Hossain Md Delowar

CACV 250/2018

[2019] HKCA 143

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 250 OF 2018

(ON APPEAL FROM HCAL 516 OF 2017)

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J U D G M E N T

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

1.This court handed down judgment on 21 November 2018 dismissing the applicant’s appeal from an order of DHCJ Woodcock given on 7 June 2018 dismissing his application for leave to start judicial review proceedings.

2.On 5 December 2018, the applicant issued a Notice of Motion seeking leave to appeal to the Court of Final Appeal.

3.The applicant lodged submissions in support of his application on 18 December 2018.  Having perused the two documents and pursuant to Practice Direction 2.1, we are of the view that this application can be processed on paper without any oral hearing.

4.The legal principle for granting leave to appeal to the Court of Final Appeal is set out in Section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, Cap. 484:

“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.”

5.We have thoroughly considered the applicant’s Notice of Motion and written submissions.  The applicant has regurgitated the facts stated in his affirmation in support of the Notice of Appeal which had been assessed by this court in our Judgment dated 21 November 2018.  These matters are not valid grounds for seeking leave to appeal to the Court of Final Appeal.  He has not identified any question of great general or public importance. 

6.In addition, we do not see any basis for granting leave on the “or otherwise” limb under section 22(1)(b).

7.In the circumstances, we cannot find any basis for granting leave to appeal to the Court of Final Appeal pursuant to section 22(1)(b).

8.By virtue of the above, the Notice of Motion dated 5 December 2018 is dismissed.

The applicant acting in person