QAISAR NAEEM v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

HCAL 1091/2020

[2025] HKCFI 3959

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 1091 OF 2020

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D E C I S I O N

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1.  This is the Applicant’s application by summons dated 21 August 2025 (the “Time Summons”) for extension of time to appeal against my decision made on 1 August 2025 where I refused the Applicant’s application for leave to apply for judicial review (the “Previous Decision”). As will be apparent from the discussions below, it is expedient for the matter to be dealt with on paper.

2.  In the Summons and the Applicant’s affirmation in support, the Applicant did not specify the period of time extension sought. He only asked for time to be extended for the appeal because he was late. He claimed that he got the Previous Decision late in his letterbox and that he also got sick and underwent a kidney surgery.

3.  In my view, the Time Summons is premature.

4.  Pursuant to Order 53, rule 3(4) of the Rules of the High Court (Cap 4A) (“RHC”), an applicant may appeal to the Court of Appeal against a judge’s order refusing leave within 14 days after such refusal.

5.  By reason of section 31(1) of the High Court Ordinance (Cap 4) (“HCO”), the month of August which is the summer vacation[1] is to be excluded for the purpose of calculating the 14-day time limit for filing the Notice of Appeal unless otherwise directed by the court, see e.g.: Do Hung Loi v Torture Claims Appeal Board / Non-refoulement Claims Petition Office [2023] HKCA 1081 at [12]; Re Muhammad Ali Pahat [2025] HKCA 657 at [3]. In the present case, I have not made any direction for time to run during the summer vacation.

6.  Hence, the Applicant is not out of time. The deadline for appealing the Previous Decision should be 15 September 2025.[2]

7.  Further, the Applicant has failed to provide any particulars or supporting documents concerning his alleged illness and surgery. He has also not explained why he needed more time beyond 15 September 2025. With the additional time available to the Applicant due to the summer vacation, I do not see any reason to grant a time extension at this stage. The Applicant is reminded that he should file his Notice of Appeal as soon as possible.

8.  The Time Summons is hereby dismissed.