Re Tran Duc Ngoc

CAMP 405/2021, [2023] HKCA 562

On Appeal From [2021] HKCFI 530

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 405 OF 2021

(ON AN INTENDED APPEAL FROM HCAL NO 1252 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 14 October 2022 ([2022] HKCA 1521) dismissing the applicant’s application to extend time to appeal against an order of DHCJ K.W. Lung given on 8 March 2021 in which he refused to grant an extension of time to the applicant to apply for leave for judicial review and dismissed the leave application in respect of his non‑refoulement claim.

2.The facts and issues in the application 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 4 November 2022, the applicant filed a Notice of Motion for leave to appeal this court’s judgment to the Court of Final Appeal.  The applicant did not provide any discernible ground for his intended appeal in the Notice of Motion and merely restated that he would be harmed by his creditors and gangsters upon his return to his home country.  He considered the Director of Immigration had disregarded his human rights and he urged the court to give him a chance to seek justice and to grant leave for him to go to the Court of Final Appeal.

4.Pursuant to the directions of the Registrar of Civil Appeals given on 4 November 2022, the applicant should lodge his written submissions on or before 18 November 2022.  He failed to do so.  The Registrar further directed that unless the applicant lodges his written submissions on or before the aforesaid deadline, 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, and unless otherwise directed, the Notice of Motion shall be determined on paper only without any oral hearing.  As we consider it appropriate to do so, this Notice of Motion is determined on paper without an oral hearing.

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

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

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

8.By reason of the above, the Notice of Motion filed on 4 November 2022 is dismissed.