RE LOUA CECE

CAMP 13 /2023, [2024] HKCA 771

On Appeal From [2022] HKCFI 3200

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 13 OF 2023

(ON AN INTENDED APPEAL FROM HCAL NO. 2371 OF 2018)

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DECISION

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Hon Cheung JA (giving the Decision of the Court)  :

1.  On 20 October 2023, this Court (Cheung and Yuen JJA)  handed down judgment ([2023] HKCA 1187)  dismissing the applicant’s application to extend time to appeal an order of Deputy High Court Judge K W Lung given on 1 November 2022 refusing his application for leave to apply for judicial review in respect of his non-refoulement claim.

2.  On 26 October 2023, the applicant filed a notice of motion applying for leave to appeal this Court’s order to the Court of Final Appeal. 

3.  Pursuant to the directions of the Registrar of Civil Appeals also dated 26 October 2023, the applicant was to lodge and serve on or before 9 November 2023 written submissions failing which he will be deemed to have abandoned his right to rely on written submissions and the matter will be considered by this Court based on the available materials.  The applicant has not lodged or served written submission by the stipulated deadline.

4.  Having considered the applicant’s documents, 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.

5.  The background to this case and the applicant’s claim have been set out in our judgment.  We will not repeat them.

6.  Section 22(1)(b)  of the Hong Kong Court of Final Appeal Ordinance (‘HKCFAO’)  (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.

7.  The grounds of appeal stated in the notice of motion is as follows :

‘ I am appealing this judgment because my life is in danger if I go back to my country. So I am pleading that my case should be revisited in consideration that my life is not safe over there in my country. I hope that this appeal will be given your best consideration.’

8.  We are of the view that the grounds and arguments put forward by the applicant do not constitute viable grounds for giving leave to appeal.  Importantly, no question of great general or public importance has been identified as required by section 22(1)(b)  of the HKCFAO.

9.  Nor do we see any basis for the ‘or otherwise’ limb under section 22(1)(b).

10.  As the statutory requirements for giving leave to appeal are not met, we, accordingly, dismiss the notice of motion.