Re Resham Singh

CACV 122/2021

[2022] HKCA 1429

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 122 OF 2021

(ON APPEAL FROM HCAL NO 1287 OF 2018)

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Before: Hon Yuen and Chu JJA in Court

Date of Written Submissions: 26 April 2022

Date of Judgment: 30 September 2022

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J U D G M E N T

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

1.This court handed down judgment on 18 March 2022 ([2022] HKCA 394) dismissing the applicant’s appeal against an order of DHCJ KW Lung (“the Judge”) given on 18 March 2021 refusing to grant leave to the applicant to apply for judicial review in respect of his non‑refoulement claim (“the Judge’s Decision”).

2.On 24 March 2021, the applicant had filed a Notice of Appeal to appeal against the Judge’s Decision. As mentioned earlier, in our judgment of 18 March 2022, we dismissed the applicant’s appeal. The facts and issues in the appeal before this court, as well as the court’s reasons for dismissing it, are set out in our judgment and will not be repeated here.

3.On 19 April 2022, the applicant filed a Notice of Motion for leave to appeal this Court’s judgment to the Court of Final Appeal.

4.The Notice of Motion states only the following:

“I am late for apply due to lack of knowledge and insufficient sources. Please accept my filling application so that I can process my case further. I hope I will get your favour.”

5.Pursuant to the Registrar of Civil Appeals’ directions given on 19 April 2022, the applicant lodged his written submissions on 26 April 2022. This Notice of Motion is determined on paper without an oral hearing, which we consider appropriate.

6.In his written submissions, he said the following:

(1)  Many aspects of his case were ignored and all the decisions were not transparent. The actual situation of his country is different from what the decision-makers might think.

(2)  It is dangerous for him to return to his home country as his enemies are waiting for him.

(3)  The police and law authorities are corrupt and assistance would only be rendered to those who are powerful and rich.

(4)  He urged the court to help him stay in Hong Kong until his problem is solved.

7.Section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance provides that leave to appeal to the Court of Final Appeal may be granted 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 Court of Final Appeal for decision.

8.Having regard to the judgment of this court, the applicant’s intended appeal has no merits. The grounds advanced by the applicant in his Notice of Motion and written submissions failed to pinpoint any error in our judgment, and there are no valid grounds of appeal to the Court of Final Appeal. No question of great general or public importance has been identified as required by s.22(1)(b) of the HKCFAO.

9.Nor do we see any basis for leave under the “or otherwise” limb under s.22(1)(b).

10.By reason of the above, the Notice of Motion filed on 19 April 2022 is dismissed.

The applicant, unrepresented, acting in person