Re Islam Manirul and Others
Read the full judgment text of CACV 283/2020 on BabelCite. This Court of Appeal judgment was delivered on 22 June 2021.
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.
Cited by 1 case
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CACV 283/2020 [2021] HKCA 905 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF APPEAL CIVIL APPEAL NO. 283 OF 2020 (ON APPEAL FROM HCAL NO. 1810 OF 2018) ____________________
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____________________ D E C I S I O N ____________________ Hon Cheung JA (giving the Decision of the Court) : 1) Leave to appeal to Court of Final Appeal 1.1On 18 March 2021, this Court (Cheung and Chu JJA) handed down a judgment dismissing the 1st and 2nd applicants’ appeal against the decision of Deputy High Court Judge KW Lung given on 9 July 2020 in which he refused to grant leave to the applicants to apply for judicial review. This Court, however, allowed the 3rd applicant’s appeal and gave him leave to apply for judicial review. 1.2The facts and issues of the appeal as well as the Court’s reasons are set out in our judgment. We will not repeat them here. 1.3The 1st and 2nd applicants now apply, by a notice of motion filed on 13 April 2021, for leave to appeal against our judgment to the Court of Final Appeal. We will deal with the application on paper. 1.4They stated in the notice of motion that our decision was unfair, and that they were not legally represented. There are no particulars or specificity in these broad assertions. 1.5Further, they stated that they reserved the right to provide more information later, and that they will be making an application for legal aid. No particulars were given as to timing. 1.6The 1st and 2nd applicants did not lodge any written submissions by the stipulated deadline. 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 1st and 2nd applicants in their notice of motion do not constitute grounds for granting leave to the Court of Final Appeal. The 1st and 2nd applicants have failed to identify any question of 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 they have raised in their 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 13 April 2021 is dismissed.
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