Re Gurvinder Singh

CAMP 103/2019

[2020] HKCA 100

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 103 OF 2019

(ON AN INTENDED APPEAL FROM HCAL NO. 108 OF 2018)

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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 the Court of Final Appeal

1.1.On 22 October 2019, this Court (Kwan VP and Cheung JA) gave the decision dismissing the applicant’s renewed application for an extension of time to appeal against the decision of Deputy High Court Judge K.W. Lung given on 15 January 2019 in which he refused to grant leave to the applicant to apply for judicial review (‘Decision of the Judge’).

1.2.The applicant now applies, by a notice of motion filed on 24 October 2019, for leave to appeal against our decision to the Court of Final Appeal.

1.3.The applicant’s notice of motion stated that :

‘ I would like to infomr [sic] the Honourable Court that there is some error in law in my decision. Decision maker just relied on COL Information and my previous facts which were in favor while rejecting my claim. Acual [sic] life occur different situation then what is mentioned in COL Information. The Officer and cours [sic] prefers to ignore the overwheming [sic] of the evidence of this violence towards minorities searching for unrealistic silver lining. The Decision is betrary [sic] a bias and formula approach unlikely fairly access [sic] the danger of my life and clearly not reasonable.’

1.4.The applicant failed to comply with the order of the Registrar of Civil Appeals dated 25 October 2019 requiring him to lodge his written submissions by 7 November 2019.  This application is determined on paper based on the applicant’s notice of motion filed on 24 October 2019.

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

3.1.The matters stated by the applicant in his notice of motion 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.

3.2.We 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 24 October 2019 is dismissed.

Applicant, unrepresented, acting in person