LEUNG KIT-HING, DORIS v. THE MAGISTRATE-IN-CHARGE OF ALL CASE MANAGEMENT MATTERS AT KOWLOON CITY MAGISTRATES’ COURTS AND OTHERS

CACV 104/2018

[2018] HKCA 919

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 104 OF 2018

(ON APPEAL FROM HCAL 419/2018)

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JUDGMENT

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Hon Lam VP (giving the Judgment of the Court):

1.  We dismissed this appeal on 17 September 2018.

2.  By a notice of motion of 26 September 2018, the applicant sought urgent leave to appeal to the Court of Final Appeal.

3.  In the Notice of Motion, she did not set out any questions of great, general public importance which ought to be submitted to the Court of Final Appeal.

4.  Directions were given by the Registrar for processing the application in accordance with Practice Direction 2.1.

5.  We have read the notice of motion and the written submissions lodged by the applicant on 10 October 2018.  Having done so, we cannot discern any question of great, general public importance which ought to be submitted to the Court of Final Appeal.  Nor can we see any other ground to warrant this case to be submitted to that Court for determination.

6.  In short, the applicant fails to satisfy us that her intended appeal has features which meet the requirements in Section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, Cap 484.  

7.  Further, as explained in our judgment of 17 September 2018, the intended appeal is totally devoid of merits. 

8.  For these reasons, we refuse to grant leave and the notice of motion of 26 September 2018 is dismissed accordingly.