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HCAL 690/2019
[2022] HKCFI 3465
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST
NO 690 OF 2019
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| RE: |
PARMINDER SINGH |
Applicant |
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Before: Deputy High Court Judge K.W. Lung in Chambers
Date of Decision: 1 December 2022
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D E C I S I O N
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The application
1. The applicant is an illegal immigrant by staying in Hong Kong without permission and he lodged a non-refoulement claim with the Director of Immigration (“the Director”). The Director rejected his application and he appealed to the Torture Claims Appeal Board (“the Board”). Having considered his evidence, the Board, by its Decision (“the Board’s Decision”), rejected his appeal and affirmed the Director’s Decision.
2. Pursuant to Order 53, rule 3(2) of the Rules of the High Court (“RHC”), the applicant filed Form No. 86 to apply for leave to apply for judicial review of the Board’s Decision.
3. By Order dated 6 September 2022 (“the Court’s decision”), the Court dismissed his application for the reason that there was no realistic prospect of success in his intended application. The Court’s decision was returned from the Post Office. It was re-sent to the applicant by ordinary post at his last known address on 25 October 2022.
4. The applicant filed a summons on 31 October 2022 applying for extension of time to appeal against the Court’s decision. He filed an affirmation to say that he was late due to his lack of knowledge and insufficient resource.
5. Order 53, rule 3(4) provides that time for appeal against the Court’s decision is within 14 days after such order. Time for the applicant to file his notice of appeal should count from the service of the Court’s decision, which is deemed to be on 26 October 2022, the next day following the date of service[1].
6. The deadline for the applicant to file his notice of appeal is 9 November 2022. The applicant is therefore within time when he made this application. I therefore extend time to the applicant to file his notice of appeal for 14 days from the date of this Order.
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(K. W. Lung) |
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Deputy High Court Judge |
The applicant was unrepresented.
[1] Ordinary service: how effected (O. 65, r. 5)
(2) For the purposes of this rule, and of section 8 of the Interpretation and General Clauses Ordinance (Cap. 1), in its application to this rule, the proper address of any person on whom a document is to be served in accordance with this rule shall be the address for service of that person, but if at the time when service is effected that person has no address for service his proper address for the purposes aforesaid shall be-
(b) in the case of an individual, his usual or last known address,
Effect of service at certain time (O. 65, r. 7)
(2) For computing a period of time after service of the document, the document is deemed to be served on the next following day, not being a specified day.
(3) In this rule—
specified day (指明日子) means—
(a) a Saturday;
(b) a general holiday;
(c) a gale warning day as defined by section 71(2) of the Interpretation and General Clauses Ordinance (Cap. 1); or
(d) a black rainstorm warning day as defined by that section.
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