S M Showan v. Torture Claims Appeal Board

CAMP 87/2021

[2022] HKCA 159

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 87 OF 2021

(ON AN INTENDED APPEAL FROM HCAL NO. 980 OF 2017)

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JUDGMENT

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Hon Chow JA (giving the Judgment of the Court):

1.On 14 December 2021, this Court gave its judgment (“the CA Judgment”) dismissing the Applicant’s application for an extension of time to appeal against Deputy High Court Judge Bruno Chan’s order dated 13 July 2018 refusing to grant leave to apply for judicial review of the decision of the Torture Claims AppealBoard dated 9 November 2017.

2.The Applicant now applies by Notice of Motion dated 4 January 2022 for leave to appeal the CA Judgment to the Court of Final Appeal. In the Notice of Motion, the following is stated:

“… I couldn’t accept the decision which was made on 14 December 2021 by Judge in the Appeal Division because, decision maker relied just a simply hearsay. This decision make me irration in my life and disappointed me about my life security. This decision was unfair and reflected my summons for extension of time to appeal. The learned Judge may not analysed my summons for appeal and they did not scrutinize my problem in my home country.”

3.Under s 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, Cap 484, an appeal shall lie to the Court of Final Appeal at the discretion of, inter alia, the Court of Appeal in any civil cause or matter if, in the opinion of the Court of Appeal 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 Court of Final Appeal for decision.

4.No question of great general or public importance involved in the proposed appeal is identified in the Notice of Motion. We are unable to see any such question being involved in the proposed appeal. We are satisfied that the intended appeal has no merits and no reasonable prospect of success. There is also no basis to grant leave to appeal on the “otherwise” limb in s 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance.

5.Accordingly, the application for leave to appeal is refused and the Notice of Motion is dismissed.

The Applicant, acting in person