RE TRAN THI NGUYEN

CACV 442/2022 , [2024] HKCA 806

On Appeal From [2022] HKCFI 3143

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 442 OF 2022

(ON APPEAL FROM HCAL NO. 2370 OF 2018)

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DECISION

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Hon Cheung JA (giving the Decision of the Court) :

I.  Leave to appeal to the Court of Final Appeal

1.  On 2 February 2024, this Court handed down a judgment dismissing the applicant’s appeal against the decision of Deputy High Court Judge KW Lung given on 1 November 2022 in which he refused to grant leave to the applicant to apply for judicial review.

2.  The facts and issues of the application as well as the Court’s reasons for dismissing it are set out in our judgment. We will not repeat them here.

3.  The applicant now applies, by a notice of motion filed on 8 February 2024, for leave to appeal against our decision to the Court of Final Appeal.  Having considered the applicant’s documents, we see no reason to depart from the usual practice of determining applications for leave to appeal to the Court of Final Appeal on paper without an oral hearing. We have, therefore, proceeded to determine the applicant’s application on the basis of the documents in the case.

4.  The applicant stated in her notice of motion the following in summary :

1)  Our ruling was unsatisfactory;

2)  The applicant cannot return to Vietnam because if she does she will be tortured and even killed;

3)  The applicant cannot relocate to another part of her home country because her health is not good and she will face difficulties if she returns;

4)  The applicant cannot relocate because her creditors have a nationwide network and can locate her; and

5)  The Director did not consider her human rights under the law.

5.  Pursuant to the directions of the Registrar of Civil Appeals also dated 8 February 2024, the applicant was to lodge and serve on or before 22 February 2024 written submissions.  The applicant has not lodged or served written submission by the stipulated deadline.

II.  Our view

6.  Under section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance (Cap. 484) (‘Ordinance’) 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.

7.  The matters stated by the applicant in her notice of motion do not constitute grounds for granting leave to the Court of Final Appeal.  The applicant has failed to identify any question of general or public importance for the Court of Final Appeal to determine in accordance with section 22(1)(b) of the Ordinance.  Nor is there any such question apparent to us from the matters she has raised in her 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 Ordinance.

III.  Disposition

9.  For these reasons, the notice of motion dated 8 February 2024 is dismissed.