Re Khalil

CACV 112/2019

[2019] HKCA 934

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 112 OF 2019

(ON APPEAL FROM HCAL NO. 1259 OF 2018)

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Before: Hon Cheung, Yuen and Barma JJA in Court

Date of Applicant’s Written Submissions: 17 July 2019

Date of Decision: 15 August 2019

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D E C I S I O N

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

1)  Leave to appeal to Court of Final Appeal

1.1On 2 July 2019, this Court handed down a judgment dismissing the applicant’s appeal against the decision of Deputy High Court Judge K.W. Lung given on 25 February 2019 in which he refused to grant leave to the applicant to apply for judicial review (‘Decision of the Judge’).

1.2The facts and issues in the appeal before the Court of Appeal, as well as the Court’s reasons for dismissing it, are set out in our judgment.  We will not repeat them here.

1.3The applicant now applies, by a notice of motion dated 4 July 2019, for leave to appeal against our judgment to the Court of Final Appeal.

1.4The content of the applicant’s notice of motion is generally undecipherable.  Trying our best, it seems that the applicant is stating that he is seeking non-refoulement as he believes his life is in danger.  He claims to belong to the Awami League and members of the Bangladesh Nationalist Party threatened him.  All of these complaints lacked any meaningful particulars.

1.5In his written submission the applicant produced a one-page exhibit and stated that he will explain during the oral hearing before the Court.  The one-page exhibit purports to be written in Awami League letterhead.  It is written in English and confirms his alliance to the Awami League.  It further confirmed that the applicant has ‘some political problem’.  

1.6The applicant did not explain why he only chose to produce the letter now.  In any event, the Torture Claims Appeal Board had assessed the applicant’s case on the basis that he is a member of the Awami League.  This letter does not add much to his claim.

2)  Legal principles

2.Under section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance (Cap. 484) (‘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.

3)  Our view

3.1The matters stated by the applicant in his notice of motion and written submissions including his exhibit 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 he has raised in his notice of motion and written submissions with exhibit.

3.2We also do not see any basis for granting leave on the ‘or otherwise’ limb under section 22(1)(b).

4)  Disposition

4.For these reasons, the notice of motion dated 4 July 2019 is dismissed.

Applicant, unrepresented, acting in person