Re Tran Van Tuan

CACV 210/2021

[2023] HKCA 145

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 210 OF 2021

(ON APPEAL FROM HCAL NO 1085 OF 2018)

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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 27 May 2022 ([2022] HKCA 722) dismissing the applicant’s appeal against an order of DHCJ Bruno Chan given on 20 April 2021 refusing to grant leave to the applicant to apply for judicial review in respect of his non‑refoulement claim.

2.The facts and issues in the appeal before this court, as well as the court’s reasons for dismissing it, are set out in this court’s judgment and will not be repeated here.

3.On 1 June 2022, the applicant filed a Notice of Motion for leave to appeal this court’s judgment to the Court of Final Appeal.  

4.The applicant did not provide any discernible ground for his intended appeal in the Notice of Motion and merely complained that his appeal was rejected by this Court and he would be harmed by the creditor and gangsters upon his return to his home country. He urged this Court to give him a chance to seek justice and to grant him leave to go to the Court of Final Appeal.

5.Pursuant to the directions of the Registrar of Civil Appeals made on 1 June 2022, the applicant should lodge his written submissions in support of the Notice of Motion on or before 15 June 2022.  He failed to do so.  The Registrar further directed that in the event the applicant fails to lodge his written submissions, he will be deemed to have abandoned his right to rely on written submissions and the matter will be considered by the Court of Appeal based on the available materials.  This Notice of Motion is therefore determined on paper without an oral hearing, which we consider appropriate. 

6.However, on 26 January 2023, the applicant applied by letter to the court for leave to withdraw the Notice of Motion, stating he wants to return to his home county.

7.The practice of this court is to consider and if appropriate dismiss such application instead of merely granting leave to withdraw: see Rini Artini [2020] HKCA 709 at [9].

8.Section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance (Cap. 484) (“HKCFAO”) 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.

9.Having regard to this court’s judgment, the applicant’s intended appeal has no merits.  No question of great general or public importance has been identified as required by s.22(1)(b) of the HKCFAO.

10.Nor do we see any basis for granting leave on the “or otherwise” limb under section 22(1)(b).

11.By reason of the above, the Notice of Motion filed on 1 June 2022 is dismissed.

The applicant, unrepresented, acting in person