Re Jatta Omar

CAMP 30/2021

[2021] HKCA 1844

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 30 OF 2021

(ON AN INTENDED APPEAL FROM HCAL NO. 554 OF 2018)

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Before:  Hon Cheung and Yuen JJA in Court

Date of Decision:  6 December 2021

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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 the Court of Final Appeal

1.  On 23 July 2021, this Court (Cheung and Yuen JJA)  gave the decision dismissing the applicant’s renewed application for an extension of time to appeal against the decision of Deputy High Court Judge Bruno Chan given on 17 August 2020 in which he refused to grant leave to the applicant to apply for judicial review.

2.The applicant now applies, by a notice of motion filed on 13 August 2021, for leave to appeal against our extension decision to the Court of Final Appeal.

3.The facts and issues in the extension decision, as well as this Court’s reasons for dismissing it, are set out in our decision.  We will not repeat them here.  After reviewing the notice of motion, we see no reason to deviate from the usual practice to consider this application on paper pursuant to paragraph 3 of Practice Direction 2.1.

4.The applicant in his notice of motion stated ‘I want to challenge the decision’.

5.The applicant failed to comply with Practice Direction 2.1 to lodge his written submissions by the stipulated time.  

2)  Legal principles

6.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

7.The matter stated by the applicant in his notice of motion does 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 matter he has raised in his notice of motion.

8.We also do not see any basis for granting leave on the ‘or otherwise’ limb under section 22(1)(b)  of the HKCFAO.

4)  Disposition

8.For these reasons, the notice of motion filed on 13 August 2021 is dismissed.

Applicant, unrepresented, acting in person