Case Document

100%Judiciary

CACV 361/2018

[2019] HKCA 362

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 361 OF 2018

(ON APPEAL FROM HCAL 693/2017)

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RE:

ISLAM HOSSAIN

Applicant

__________________________

Before:

Hon Lam VP, Poon JA and Fung J in Court

Date of Judgment:

29 March 2019

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JUDGMENT

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

1.By a judgment dated 20 December 2018 ([2018] HKCA 997), this Court (Lam VP, Fung and L Chan JJ) dismissed the applicant’s appeal from the decision of Deputy High Court Judge Woodcock ([2018] HKCFI 1582) refusing leave to apply for judicial review.

2.By a notice of motion filed on 16 January 2019, the applicant sought leave to appeal to the Court of Final Appeal against our judgment.

3.It was stated in his notice of motion that we were wrong in holding that there was no substance in his claim. The applicant also mentioned the poor performance of his legal representative and reiterated his complaint about the insufficient time for him to prepare for the hearing before the Torture Claims Appeal Board.

4.In his affirmation dated 16 January 2019, the applicant deposed that we were wrong in holding that there was no state acquiescence or involvement and that we failed to find out the details of the current situation in Bangladesh.

5.Notwithstanding the direction on filing of submissions by the Registrar of Civil Appeals of 17 January 2019, the applicant did not lodge any written submissions in support of his notice of motion.

6.The applicant’s bald and un-particularized assertions in his notice of motion and affirmation cannot impinge on our judgment.

7.In our judgment, the applicant did not raise any question of great general or public importance. There is no basis to grant leave on the “or otherwise” limb. The statutory criteria under section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance (Cap 484) for granting leave to appeal to the Court of Final Appeal is not satisfied.

8.Accordingly, we dismiss the application for leave to appeal to the Court of Final Appeal.