RE KAPOOR SHAILESH

CACV 159/2020

[2021] HKCA 243

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 159 OF 2020

(ON APPEAL FROM HCAL NO. 975 OF 2018)

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D E C I S I O N

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

I. Leave to appeal

1.1  This is the applicant’s notice of motion for leave to appeal to the Court of Final Appeal against the judgment of this Court (Cheung JA and G Lam J) handed down on 20 November 2020 ([2020] HKCA 948). We dismissed his appeal against the decision of Deputy High Court Judge   Bruno   Chan on 27 May 2020 ([2020] HKCFI 262) refusing him leave to apply for judicial review concerning his non-refoulement claim.  The applicant filed his notice of motion on 14 December 2020 for leave to appeal to the Court of Final Appeal. He was within time.

1.2  Pursuant to paragraph 3 of Practice Direction 2.1, the Registrar of Civil Appeals directed on 15 December 2020 that the notice of motion shall be determined on paper only without an oral hearing.  The applicant failed to lodge his written submission.  We consider it appropriate to determine this application on paper and will proceed to do so.

II. The applicant’s grounds

2.  The applicant stated in the notice of motion and supporting affirmation that :

1) He was late in his application due to lack of knowledge and insufficient resources; and

2) He hoped the Court would understand his problems and allow him to proceed further with his case.

III. Analysis

3.1  Under section 24(2) of the Hong Kong Court of Final Appeal Ordinance (Cap. 484), an application for leave to appeal to the Court of Final Appeal shall be filed within 28 days from the date of the judgment to be appealed from. Section 24(5) further provides that the Court of Appeal may, if it considers appropriate, extend the time for making an application for leave to appeal.

3.2  Section 22(1)(b) of the Ordinance 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, 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.

3.3  In the present application, the applicant was not late.  But he has not shown any merits in his intended application for leave to appeal to the Court of Final Appeal. He has stated no grounds of appeal.  He has failed to identify 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). 

3.4  For the above reasons, we decline to grant leave to appeal to the Court of Final Appeal and dismiss the notice of motion filed on 14 December 2020.