Case Document

100%Judiciary

CACV 260/2018

[2019] HKCA 187

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 260 OF 2018

(ON APPEAL FROM HCAL 998/2017)

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RE:

GUNA KUMARI MAGAR

Applicant

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Before:

Hon Lam VP, Yuen and Chu JJA in Court

Date of Judgment:

22 February 2019

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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 a judgment dated 15 November 2018 (published as [2018] HKCA 842), the Court (Lam VP and Yuen JA) dismissed the applicant’s appeal from the decision of Deputy High Court Judge Bruno Chan dated 8 June 2018 (published as [2018] HKCFI 1236) refusing leave to the applicant to apply for judicial review.

2.By a notice of motion filed on 30 November 2018, the applicant seeks leave to appeal to the Court of Final Appeal. The notice of motion only raised some general assertions without engaging the reasons for dismissing the appeal set out in the judgment.

3.Notwithstanding that she was directed to do so, the applicant did not lodge any written submission in support of the notice of motion.

4.In our judgment, the applicant did not raise any question of great general or public importance that merit the consideration of the Court of Final Appeal, as required under section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance (Cap 484). There is also no basis for us to grant leave on the “otherwise” limb. The statutory thresholds for granting leave to appeal to the Court of Final Appeal are not met.

5.For these reasons, we dismiss the notice of motion.