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CAMP 299/2021
[2023] HKCA 239
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
MISCELLANEOUS PROCEEDINGS NO 299 OF 2021
(ON AN INTENDED APPEAL FROM HCAL NO 1749 OF 2018)
_________________________
_________________________
| Before: |
Hon Chu VP and Yuen JA in Court |
| Date of Judgment: |
2 March 2023 |
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J U D G M E N T
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Hon Yuen JA (giving the Judgment of the Court):
1. This court handed down judgment on 12 July 2022 ([2022] HKCA 987) dismissing the applicant’s application to extend time to appeal against an order of Deputy High Court Judge P. Li (“the Judge”) given on 13 January 2021 in which he refused to grant an extension of time for the applicant’s application for leave to apply for judicial review in respect of his non‑refoulement claim.
2. The facts and issues in the application before this court, as well as the court’s reasons for dismissing it, are set out in our judgment and will not be repeated here.
3. On 18 August 2022, the applicant filed a Notice of Motion for leave to appeal this court’s judgment to the Court of Final Appeal. He thought that he was out of time and sought to provide an explanation for it. However, in fact, he was not out of time as he had 28 days to lodge his appeal and the deadline fell within the Summer Vacation (s.31(1) High Court Ordinance, Cap.4).
4. The Notice of Motion contains the following grounds of appeal:
“1. There is some error in law in my decision. The decision maker just relied on COL [sic] information any my previous facts, which were favour on rejecting my claim.
2. The learned Judges were wrong as a matter of law for not having applied the principle of irrationality to the decision made by the Director of Immigration refusing my application for Judicial Review.
3. Actual life occur different situation then mentioned COL information. Officer and courts prefers to ignore the overwhelming of the evidence of the violence towards minorities searching for silver lining.
4. The Judge did not apply the law properly.”
5. Pursuant to the directions of the Registrar of Civil Appeals given on 18 August 2022, the applicant should lodge his written submissions on or before 1 September 2022. He failed to do so and only lodged his written submissions on 5 September 2022. He did not explain his delay. In any event, the applicant merely cited some articles of international treaties, local legislation and cases in relation to public law and human rights without any submissions as to how they applied to his case.
6. The Registrar further directed that in the event the applicant failed to lodge his written submissions on or before the deadline, he would be deemed to have abandoned his right to rely on written submissions, and the matter would be considered by the Court of Appeal based on the available materials. This Notice of Motion is therefore determined on paper without an oral hearing, which we consider appropriate.
7. Section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, Cap. 484 provides that 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.
8. Having regard to the judgment of this court, the applicant’s intended appeal has no merit at all. No question of great general or public importance has been identified as required by section 22(1)(b).
9. Nor do we see any basis for granting leave under the “or otherwise” limb under section 22(1)(b).
10. By reason of the above, the Notice of Motion filed on 18 August 2022 is dismissed.
(Carlye Chu)
Vice President |
(Maria Yuen)
Justice of Appeal |
The applicant, unrepresented, acted in person
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