Re Mamun Hossain

CAMP 86/2019

[2020] HKCA 257

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 86 OF 2019

(ON AN INTENDED APPEAL FROM HCAL 1578/2018)

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JUDGMENT

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Hon Lam VP (giving the Judgment of the Court):

1.By a judgment dated 25 October 2019 ([2019] HKCA 1170), the Court dismissed the applicant’s application for leave to appeal out of time against the decision of Deputy High Court Judge K W Lung given on 31 January 2019 ([2019] HKCFI 296). In the latter decision, the judge dismissed the applicant’s application for leave to apply for judicial review.

2.In his notice of motion dated 31 October 2019, the applicant sought leave of appeal to the Court of Final Appeal against the Court’s judgment on the following ground:

“ I would like to info[rm] 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. Actual life occur different situation then what is mentioned in COL information. The Officer and cour[t]s prefers to ignore the overwhelming of the evidence of this violence towards minorities searching for unrealistic silver lining. The Decision is betrary a bias and formula approach unlikely fairly access the danger of my life and clearly not reasonable.” (sic)

3.The applicant lodged his written submissions on 13 November 2019. The written submissions were however the same as the one lodged before the Court on 29 May 2019.  Such submissions had been considered and duly rejected by the Court in the judgment.

4.At [21] – [23] of the judgment, the Court explained why the judge was correct in dismissing the applicant’s application on the ground of erroneous procedure.  At [24] – [29], the Court also took the view that, in view of the applicant’s failure to attend the hearing and in absence of any explanation for such failure, the Judge was entitled to infer that the applicant lacked intention to prosecute his application.  Finally, at [30], the Court took the view that the applicant’s application for leave to apply for judicial review had no merits in any event.  In the present application, the applicant failed to engage with the Court’s reasons in dismissing his application for leave to appeal out of time. 

5.In any event, the applicant did not raise any question of great general or public importance that merits the consideration of the Court of Final Appeal.  Nor do we see any reason to grant leave on the “or otherwise” limb.  The statutory criterion for granting leave to appeal to the Court of Final Appeal is therefore not met: section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance (Cap 484).

6.Accordingly, we dismiss the application for leave to appeal to the Court of Final Appeal.

The applicant acting in person