Re Otunu Pattale Mulacharige Niluka K.J.

CACV 574/2020

[2021] HKCA 1030

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 574 OF 2020

(ON APPEAL FROM HCAL NO. 2877 OF 2018)

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Before : Hon Cheung JA, B Chu J in Court

Date of Decision : 21 July 2021

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D E C I S I O N

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Hon B Chu J (giving the Decision of the Court) :

1)  Leave to appeal to Court of Final Appeal

1.1On 10 June 2021, this Court handed down a judgment dismissing the applicant’s appeal against the decision of Deputy High Court Judge K W Lung given on 14 May 2020 in which he refused to grant leave to the applicant to apply for judicial review.

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 21 June 2021, for leave to appeal against our judgment to the Court of Final Appeal.

1.4From what we could gather, in her notice of motion, the applicant has stated that if she goes back, she needs to face many problems and that when she submitted her written submissions for the appeal, she had needed time to obtain supporting documents that Silva is a dangerous man who raped her before.  At this moment in Sri Lanka, Covid 19 is on high increase and all of government offices are closed, and that day by day the death rate increases too.  She requested the Court to give her time to obtain some documents which she said she would try her best to obtain and that she would try to contact her friend to obtain those documents.

1.5The applicant also lodged a letter with her written submissions on 29 June 2021.  Again from what we could gather, she stated therein that she was unable to submit her supporting documents to the Court during the previous hearing and that it was her fault, but that she truly had real problems from her enemies and they belong to the present ruling party supporters and they had tortured her and raped her.  If she went back, definitely her life would have problems and again she would need to face more harm from them.  She is scared to go to Sri Lanka because they have police, political and gangsters connections.  The applicant repeated her request to give her time to obtain some supporting documents as all the government offices are closed because of the increase in Covid 19 cases and that when the country becomes free, she will obtain her documents regarding her problems to submit to the Court.

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 her 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 she has raised in her 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 21 June 2021 is dismissed.

Applicant, unrepresented, acting in person