RE KHAN ABU SAID

CACV 340/2019

[2020] HKCA 216

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 340 OF 2019

(ON APPEAL FROM HCAL NO. 464 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) :

1)  Leave to appeal to Court of Final Appeal

1.1  On 3 December 2019, this Court (Cheung and Chu JJA) handed down a judgment dismissing the applicant’s appeal against the decision of Deputy High Court Judge Bruno Chan given on 15 July 2019 in which he refused to grant leave to the applicant to apply for judicial review.

1.2  The facts and issues in the appeal before the Court of Appeal, as well as the Court’s reasons for dismissing it, are set out in our judgment.  We will not repeat them here.

1.3  The applicant now applies, by a notice of motion dated 4 December 2019, for leave to appeal against our judgment to the Court of Final Appeal.  We will deal with the application on paper.

1.4  The applicant states in the notice of motion that he has to appeal to the Court of Final Appeal ‘for the great interest of Bangladeshi oppressed people’.  

1.5  In his written submission, the applicant states various matters, including his background information, state acquiescence, the Hong Kong courts have all along denied his claims, and his risk of death if refouled.

2)  Legal principles

2.  Under section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance (Cap. 484) (‘HKCFAO’) leave to appeal to the Court of Final Appeal will only be granted if the question to be determined involves great general or public importance or otherwise ought to be determined by the Court of Final Appeal.

3)  Our view

3.1  The matters stated by the applicant in his notice of motion and written submissions do not constitute grounds for granting leave to the Court of Final Appeal.  The applicant has failed to identify any question of great general or public importance for the Court of Final Appeal to determine in accordance with section 22(1)(b) of the HKCFAO.  Nor is there any such question apparent to us from the matters he has raised in his notice of motion and written submissions.

3.2  We also do not see any basis for granting leave on the ‘or otherwise’ limb under section 22(1)(b).

4)  Disposition

4.  For these reasons, the notice of motion dated 4 December 2019 is dismissed.