Re Ali Hasnain

HCAL 827/2018

[2019] HKCFI 2284

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 827 OF 2018

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REASONS FOR DECISION

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1.On 15 August 2019 Deputy High Court Judge Josiah Lam refused to grant leave to the applicant to apply for judicial review of the decision of the Torture Claims Appeal Board (“the Board”) in dismissing his appeal regarding his non-refoulement claim upon finding none of the grounds put forward by him reasonably arguable for his intended challenge, that there was no error of law or procedural unfairness in the process before the Board or in its decision, and that there was no reasonable prospect of success in his intended application.

2.The applicant by a summons issued on 3 September 2019 for leave to appeal against that decision out of time, as the 14-day period for him to file his appeal under Order 53, rule 3(4) of the Rules of the High Court, Cap 4A was thought to have expired on 29 August 2019, and that he was therefore late with his intended appeal. 

3.However, Order 3, rule 3 of the Rules of the High Court provides that the period of the Summer Vacation shall be excluded in reckoning any period prescribed by these rules or by any order or direction for serving, filing or amending any pleading, and hence in the applicant’s case, the period of the Summer Vacation from 1 to 31 August 2019 would be excluded in reckoning the 14-day period for him to file his notice of appeal, and hence he is not late and will not be so until 14 September 2019, of which he was so advised at the hearing of his summons, and accordingly I allowed him to withdraw his summons. 

The applicant appeared in person