DJIU SUN FO v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

CAMP 325/2021

[2022] HKCA 1072

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 325 OF 2021

(ON AN INTENDED APPEAL FROM HCAL NO 1856 OF 2018)

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J U D G M E N T

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

1.  This is the applicant’s Notice of Motion for leave to appeal to the Court of Final Appeal against the judgment of the Court of Appeal (Kwan VP and Chow JA) handed down on 25 February 2022 ([2022] HKCA 260). The Court of Appeal dismissed the applicant’s summons for extension of time to appeal against the decision of Deputy High Court Judge K W Lung dated 18 June 2020 ([2020] HKCFI 1220) refusing to grant leave to apply for judicial review concerning his non-refoulement claim.

2.  Pursuant to paragraph 3 of Practice Direction 2.1, the Registrar of Civil Appeals had directed on 1 March 2022 that the applicant shall lodge written submissions on or before 15 March 2022. It was further directed that the Notice of Motion shall be determined on paper only without an oral hearing upon compliance with the said direction or the expiry of the time for complying with the direction. As the court registry has been closed temporarily in the period of general adjournment of court proceedings due to public health reasons, the Registrar of Civil Appeals extended the time for lodging written submissions to 14 days after the resumption of court business. The court business has resumed since 12 April 2022. The applicant did not lodge any written submissions by the prescribed deadline. Having considered the papers of this case, we think it is appropriate to determine this application on paper and proceed to do so.

3.  The applicant is a national of Indonesia. He entered Hong Kong on 25 February 2014 as a visitor and subsequently overstayed. He lodged a non-refoulement claim on 25 August 2014 on the basis that he would be harmed or killed by his business partner’s creditor and his people, as they held him responsible for the default payment of the loan of his business partner.

4.  He took out a summons in the court below to seek an extension of time to appeal against the decision of the judge. His application was late for 14 days. It was refused by the judge on 30 July 2021[1].

5.  The applicant filed a summons with the Court of Appeal on 6 August 2021 which was treated as a renewed application for extension of time to appeal. The application was dismissed by the Court of Appeal on 25 February 2022 as the applicant failed to show any prospect of success in his intended appeal.

Grounds of appeal

6.  In the Notice of Motion filed on 1 March 2022, the applicant stated that the court disregarded his dangerous situation.

Analysis and disposition

7.  Section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, Cap 484 provides that an appeal shall lie to the Court of Final Appeal at the discretion of the Court of Appeal or the Court of Final Appeal, from any judgment of the Court of Appeal in any civil cause or matter, whether final or interlocutory, if, in the opinion of the Court of Appeal or the Court of Final Appeal, as the case may be, 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.

8.  The applicant’s ground in the present application is just a bare assertion without any particulars or evidence in support. He failed to demonstrate that the Court of Appeal’s decision is wrong in dismissing his application and he has not identified any question of great general or public importance which ought to be submitted to the Court of Final Appeal for determination in accordance with section 22(1)(b). There is also no basis for granting leave on the ‘or otherwise’ limb under section 22(1)(b).

9.  For the above reasons, we refuse to grant leave to appeal to the Court of Final Appeal and dismiss the Notice of Motion filed on 1 March 2022.