KIANI ZAFARAN ALI v. TORTURE CLAIMS APPEAL BOARD

CAMP 22/2018

[2018] HKCA 339

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 22 OF 2018

(ON AN INTENDED APPEAL FROM HCAL NO 300 OF 2017)

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J U D G M E N T

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Hon Poon JA (giving the Judgment of the Court) :

1.  By a judgment dated 7 May 2018, we dismissed the applicant’s application for leave to appeal out of time against the decision of Remedios J of 7 February 2018 refusing him leave to apply for judicial review.  By a notice of motion dated 9 May 2018, the applicant applied for leave to appeal against our judgment to the Court of Final Appeal. 

2.  Despite the directions given by the Registrar (Civil Appeals), the applicant has not filed any written submissions.  In the circumstances, we will deal with his application by reference to the grounds of appeal contained in the document attached to the notice of motion.  Having considered the matter, we take the view that the application can be properly disposed of without an oral hearing.  We now hand down our judgment.

3.  Under section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, Cap 484, 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.  Here, the applicant just repeated his earlier submissions, which we had already rejected.  The applicant has failed to satisfy the threshold imposed by section 22(1)(b) to enable him to appeal to the Court of Final Appeal.

4.  Accordingly, we refuse to give the applicant leave to appeal to the Court of Final Appeal and dismiss his notice of motion.