Re Shanawaz Hossain

CACV 504/2019

[2020] HKCA 615

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 504 OF 2019

(ON APPEAL FROM HCAL NO. 145 OF 2018)

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Before : Hon Cheung, Yuen and Barma JJA in Court

Date of Decision :  28 July 2020

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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 13 May 2020, this Court (Cheung and Yuen JJA) handed down a judgment dismissing the applicant’s appeal against the decision of Deputy High Court Judge Bruno Chan given on 16 October 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 2 June 2020, for leave to appeal against our judgment to the Court of Final Appeal.

1.4In the notice of motion the applicant stated that he does not wish to return to his home country because his life is in danger.  The recent news reported that the situation in his home country is very bad.

1.5The applicant has not provided written submissions.

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 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.

3.2We 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 2 June 2020 is dismissed.

Applicant, unrepresented, acting in person