Re Miah Kabir

CACV 218/2020

[2021] HKCA 115

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 218 OF 2020

(ON APPEAL FROM HCAL 2977/2018)

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JUDGMENT

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

1.On 22 December 2020, the Applicant filed a Notice of Motion to apply for leave to appeal to the Court of Final Appeal against this Court’s judgment of 15 December 2020. In that judgment Lam VP and G Lam J dismissed the Applicant’s appeal against the decision of Deputy High Court Judge K W Lung on 16 June 2020 dismissing his application for leave to apply for judicial review.

2.Section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, Cap 484 provides that an appeal shall lie to the Court of Final Appeal (“CFA”) at the discretion of this Court or the CFA if the question involved in the appeal is one which, by reason of its great general or public importance, or otherwise, ought to be submitted to the CFA for decision.

3.In his Notice of Motion for leave to appeal to the CFA, the Applicant stated that he did not get justice as his problem in his country is not yet solved, but his claim has been rejected.

4.Notwithstanding the acknowledgment by the Applicant on 22 December 2020 of the requirement under Practice Direction 2.1 and the direction of the Registrar of Civil Appeals on 23 December 2020, the Applicant has not lodged any written submissions in support of this application. 

5.The Applicant has not raised any reasonably arguable ground of appeal on the merit of his claim, or any discernible or arguable ground for disturbing our judgment.  The matters raised in his Notice of Motion do not pinpoint any question of great general or public importance or which otherwise ought to be submitted to the CFA for determination or any specific error in our judgment or the judgment of the court below.

6.For these reasons, we refuse to grant leave to appeal to the CFA, and dismiss the Applicant’s Notice of Motion.

The applicant acting in person