RE MANDIP SINGH

CAMP 80/2018

[2018] HKCA 696

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 80 OF 2018

(ON AN INTENDED APPEAL FROM HCAL NO. 759 of 2017)

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JUDGMENT

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

1.  On 21 August 2018, this Court (Chu and Barma JJA) handed down our judgment dismissing the applicant’s application for leave to appeal out of time against the decision of Deputy High Court Judge Josiah Lam given on 11 May 2018 refusing him leave to apply for judicial review.  

2.  By a Notice of Motion dated 28 August 2018, the applicant applied for leave to appeal against our judgment to the Court of Final Appeal.

Despite the directions of the Registrar of Civil Appeals given on 31 August 2018, the applicant has not lodged any written submission by 11 September 2018.

3.  Under section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, Cap. 484, 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.

4.  In the Notice of Motion, the applicant stated that he could not go back to his country at this moment and asked to stay in Hong Kong until his problem in his country has been resolved.   

5.  What the applicant stated in the Notice of Motion do not amount to proper grounds of appeal.  No do they involve any question of great, general or public importance.  There is also no other reason for submitting the proposed appeal to the Court of Final Appeal for decision. 

6.  In the circumstances, the condition for giving leave to appeal is not met.  Accordingly, we dismiss the Notice of Motion.