Re Jasmel Singh

CACV 350/2020

[2021] HKCA 598

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 350 OF 2020

(ON APPEAL FROM HCAL NO 1480 OF 2018)

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Before: Hon Au JA and G Lam J in Court

Date of Judgment: 29 April 2021

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J U D G M E N T

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Hon G Lam J (giving the Judgment of the Court):

1.On 29 January 2021, the applicant filed a Notice of Motion to apply for leave to appeal to the Court of Final Appeal (“CFA”) against this Court’s judgment of 27 January 2021 (“the Judgment”).[1] In the Judgment, we dismissed the applicant’s appeal against the decision of Deputy High Court Judge Bruno Chan dated 28 July 2020 dismissing his application for leave to apply for judicial review.

2.The facts and issues in the appeal, as well as the Court’s reasons for dismissing it, are set out in the Judgment.  We will not repeat them here.  We see no reason to depart from the usual practice of determining an application of this kind on the documents alone.  The applicant has failed to lodge any written submissions as directed by the Registrar of Civil Appeals.

3.Section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, (Cap 484) provides that an appeal shall lie to the 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.

4.In his Notice of Motion, the applicant raised the following grounds of appeal:

“ Respected sir/madam, its an my humble request to you that I have problem in own country please give me some time to stay here so that I can solve my problem. At this moment I cannot go back to my home country because danger still there for me. Please allow me to process further my case. I will be great full to your kindness.” [sic]

5.In our view, the applicant’s application is wholly without merit.  The matters raised in the Notice of Motion fail to pinpoint any specific error in the Judgment.  There is no question of great general or public importance involved or any other reason for the appeal to be submitted to the CFA for determination. 

6.We refuse to grant leave to appeal to the CFA, and dismiss the applicant’s Notice of Motion.

The Applicant acting in person