RE DONG XUAN CHUNG

CACV 71/2024, [2025] HKCA 860

On appeal from [2024] HKCFI 588

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 71 OF 2024

(ON APPEAL FROM HCAL NO. 1613 OF 2020)

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J U D G M E N T

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

1.  On 3 June 2025, this court handed down a judgment ([2025] HKCA 512)  dismissing the applicant’s appeal against the decision of Deputy High Court Judge To given on 23 February 2024 dismissing his application for leave to apply for judicial review.

2.  On 27 June 2025, the applicant filed a Notice of Motion together with an affirmation to apply for leave to appeal this court’s judgment to the Court of Final Appeal. He has not lodged any written submission to support the application.

3.  Having considered the Notice of Motion and affirmation, 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 background to this case and the applicant’s claim have been set out in our judgment.  We will not repeat them.

5.  Section 22(1)(b)  of the Hong Kong Court of Final Appeal Ordinance, 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.  The grounds for the application set out in the Notice of Motion are the same as the arguments in the Statement lodged together with the summons applying for extension of time: see [9] of our judgment.  The affirmation asserted there was a good ground of appeal that was not considered in the application for leave for judicial review, but did not state what it was or provide any details.  

7.  We are of the view that the grounds put forward in the notice of motion and the assertion in the affirmation do not constitute viable grounds for granting leave to appeal. Critically, all the grounds relate solely to the circumstances and facts of the applicant’s claim.  No question of great general and public importance has been identified, as required by section 22(1)(b)  of the Ordinance, has been identified.  Further, these grounds are unarguable for the reasons we gave in [11] of our judgment.  The assertion in the affirmation is complete devoid of particulars and does not constitute any arguable basis in support of the intended appeal.

8.  We also do not see any basis for the “or otherwise” limb under section 22(1)(b). 

9.  As the statutory requirements for giving leave to appeal are not met, the Notice of Motion is dismissed.