Re Mohammed Hasib Uddin

CACV 440/2018

[2019] HKCA 450

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 440 OF 2018

(ON APPEAL FROM HCAL 1157/2017)

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Before: Hon Lam VP, Au JA and B Chu J in Court

Date of Applicant’s Written Submissions: 8 February 2019

Date of Judgment: 30 April 2019

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J U D G M E N T

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Hon B Chu J (giving the Judgment of the Court):

Introduction

1.By our judgment dated 10 January 2019 (published as [2019] HKCA 25), this Court (Lam VP and B Chu J) dismissed the applicant’s appeal from the decision of Deputy High Court Judge Josiah Lam (“the Judge”) dated 3 September 2018 (published as [2018] HKCFI 1991) refusing leave to apply for judicial review.

2.In his notice of motion filed on 23 January 2019, the applicant sought leave to appeal to the Court of Final Appeal on the ground that this Court erred in determining that the lack of legal representation was justified.  He reiterated that he was not given any legal representation in respect of his claim based on the BOR 2 risk.

3.The applicant repeated his ground of appeal in his written submissions lodged on 8 February 2019.

4.The Judge had dealt with the issue relating to the lack of legal representation in [33] – [34] of his decision.  This Court has explained in [16] of the judgment why it was not reasonably arguable to challenge the fairness of the process based on this ground.  In this application, the applicant failed to engage any of the Judge’s and this Court’s reasons in rejecting this ground.

5.In any event, the matters raised by the applicant in the notice of motion and the written submissions do not involve any question of great general or public importance. Nor do we see any reason to grant leave on the “or otherwise” limb.  The statutory criterion for granting leave to appeal to the Court of Final Appeal is therefore not met: section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance (Cap 484).

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

The applicant acting in person