RE MEMBRERE SUSAN BIADNO

CACV 187/2020

[2020] HKCA 1004

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 187 OF 2020

(ON APPEAL FROM HCAL NO. 186 of 2018)

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JUDGMENT

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Hon Chu JA giving the Judgment of the Court:

1.  On 12 November 2020, this Court handed down our judgment[1] dismissing the applicant’s appeal against the decision of Campbell-Moffat J given on 9 June 2020 refusing her leave to apply for judicial review.

2.  On the same day, the applicant filed a notice of motion to apply for leave to appeal against our judgment to the Court of Final Appeal.

3.  Despite the directions given by the Registrar of Civil Appeals on 16 November 2020, the applicant has not lodged any written submission to support her application.

4.  Having considered the applicant’s notice of motion, 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 papers.

5.  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.

6.  The notice of motion only stated that the applicant wanted to challenge the decision dated 12 November 2020, but did not set out any proposed question for determination by the Court of Final Appeal.    

7.  The applicant has not identified any question of great general or public importance, as required by section 22(1)(b). Nor do we see any from the papers before the court.  We also do not see any basis for granting leave on the “otherwise” limb under section 22(1)(b). 

8.  As the statutory requirements for giving leave to appeal is not met, we dismiss the notice of motion.