RE AMADI COLLINS CHBUIKE

CAMP 223/2020

[2021] HKCA 762

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 223 OF 2020

(ON AN INTENDED APPEAL FROM HCAL 824/2017)

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JUDGMENT

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

1.  On 20 April 2021, the Applicant filed a Notice of Motion to apply for leave to appeal to the Court of Final Appeal against this Court’s judgment of 23 March 2021. In that judgment the Court dismissed the Applicant’s application for extension for time to appeal against the decision of Campbell-Moffat J on 15 May 2020.

2.  Section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, Cap 484 provides that an appeal shall lie to the Court of Final Appeal (“CFA”) at the discretion of this Court or the CFA 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 CFA for decision.

3.  In the Notice of Motion for leave to appeal to the CFA, the Applicant stated that it is not possible for him to return to his country because his problem is very serious.  However, he did not raise any specific grounds for leave to appeal.

4.  The Applicant lodged his written submissions on 4 May 2021.  In those submissions, he related some of the facts and history of his claim, and stated that he will be killed by his enemy if he returns to his country.  However, he did not raise any specific arguments for leave to appeal.

5.  The Applicant’s submissions do not raise any discernible or arguable ground for disturbing this Court’s judgment.  The matters raised in his Notice of Motion and written submissions fail to pinpoint any specific error in this Court’s judgment or the judgment of the court below.

6.  In the circumstances, we do not consider that there is any question of great general or public importance or which otherwise ought to be submitted to the CFA for determination.

7.  For these reasons, we refuse to grant leave to appeal to the CFA, and dismiss the Applicant’s Notice of Motion accordingly.