Re Shamsher Singh

CACV 582/2018

[2019] HKCA 754

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 582 OF 2018

(ON APPEAL FROM HCAL NO 385 OF 2018)

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D E C I S I O N

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Hon Zervos JA (giving the Decision of the Court):

1.On 10 May 2019, this Court handed down its judgment dismissing the applicant’s appeal against the decision of Deputy High Court Judge Josiah Lam given on 12 December 2018 in which he refused to grant leave to the applicant to apply for judicial review.

2.The applicant now applies, by a notice of motion dated 20 May 2019, for leave to appeal against our judgment to the Court of Final Appeal.  We will deal with this application on paper.

3.In his notice of motion, the applicant complains that there was “some error of law” in his decision.  He states that the decision maker relied on Country of Origin information that was wrong, and ignored matters favourable to him.  He states that there was overwhelming evidence of violence towards minorities in his country, and he complains that the decision was biased and unreasonable.  These complaints are submitted without particulars or supporting materials.

4.The applicant filed a written submission on 3 June 2019 in support of his notice of motion.  It is a pro forma document that is commonly used in this type of application.  It sets out in broad and general terms legal principles, concepts and statutory provisions in relation to non-refoulement and constitutional law cases.  It is simply a series of legal propositions without more.  It lacks specificity or relevance to the matters stated in the notice of motion.

5.Under section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance (Cap 484) (the HKCFAO), leave to appeal to the Court of Final Appeal will only be granted if the question to be determined involves great general or public importance, or otherwise ought to be determined by the Court of Final Appeal.

6.The matters stated by the applicant in his notice of motion and written submission do not constitute grounds for granting leave to the Court of Final Appeal.  The applicant has failed to identify any question of great general or public importance for the Court of Final Appeal to determine in accordance with section 22(1)(b) of the HKCFAO. Nor is there any such question apparent to us from the matters raised in his notice of motion and written submission.

7.We also do not see any basis for granting leave on the “or otherwise” limb under section 22(1)(b).

8.For these reasons, the notice of motion dated 20 May 2019 is dismissed.

Applicant, unrepresented, acting in person