Re Tulachan Bam Prasad

CACV 7/2019

[2019] HKCA 1420

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 7 OF 2019

(ON APPEAL FROM HCAL NO 246 OF 2018)

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J U D G M E N T

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Hon Au JA (giving the Judgment of the Court):

1.By a judgment dated 14 June 2019, the Court dismissed the applicant’s appeal (“the Judgment”).  The applicant filed a Notice of Motion on 26 June 2019 seeking leave to appeal the Judgment to the Court of Final Appeal.  In compliance with the directions of Master Au-Yeung, the applicant also lodged his written submissions on 10 July 2019.

2.On 5 November 2019, the applicant wrote to the Court asking to withdraw his Notice of Motion because his problems and fear had been solved in his country of origin.  On 9 December 2019, he also filed an affirmation seeking to withdraw his case as he wanted to go back to Nepal.  On this basis alone, we will dismiss his Notice of Motion.

3.In any event, we have duly considered the applicant’s Notice of Motion and his written submissions. The grounds in the Notice of Motion and his written submissions do not meet the threshold in section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance (Cap 484) for leave to be granted for an appeal to the Court of Final Appeal.  There is no question which is one by reason of its great general or public importance or otherwise that ought to be submitted to the Court of Final Appeal.

4.Thus, we dismiss the Notice of Motion accordingly.

The applicant acting in person