梁頌恆 v. 立法會主席

CACV 425/2018

[2019] HKCA 331

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 425 OF 2018

(ON APPEAL FROM HCAL 1160/2018)

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AND 

(ON APPEAL FROM HCAL 1165/2018)

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JUDGMENT

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

1.  We handed down our judgment on 10 December 2018. In the judgment, we held that the appeal by Ms Leung was an abuse of process. We refused to grant leave to appeal in respect of the decision of Chow J. We struck out the appeal and dismissed the same.

2.  By a notice of motion of 7 January 2019, Ms Leung sought leave to appeal to the Court of Final Appeal against our judgment.

3.  Ms Leung lodged written submissions on 21 January 2019 which exceeded the page limits prescribed under PD 2.1.

4.  On 22 January 2019, the Registrar of Civil Appeals [“RCA”] gave directions to Ms Leung to comply with PD 2.1 by 8 February 2019.  

5.  Ms Leung issued a summons on 23 January 2019 seeking to set aside the directions of the RCA.

6.  Ms Leung also lodged further sets of submission on 8 February 2019 consisting of 6 pages of typewritten submission and another 4 pages of reproduced documents.

7.  Having considered all the materials placed before us, we hold as follows:

(a) Since our decision on refusal to grant leave to appeal against the decision of Chow J is final (see Section 14AB of the High Court Ordinance), the notice of motion is entirely misconceived; and

(b) We have read the sets of submissions of 8 February 2019. In the circumstances, it is not necessary to consider the summons of 23 January 2019.  Without the substratum of the application in the Notice of Motion, that summons is a matter of no moment.

8.  We dismiss the notice of motion of 7 January 2019 and the summons of 23 January 2019 accordingly.