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CACV 365/2020
[2021] HKCA 931
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
CIVIL APPEAL NO 365 OF 2020
(ON APPEAL FROM HCAL 1736/2018)
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| RE: |
SECLEN BRICENO FELIX BRAYER |
Applicant |
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Before: Hon Lam VP, Yau and ST Poon JJ in Court
Date of Judgment: 5 July 2021
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J U D G M E N T
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Hon Lam VP (giving the Judgment of the Court):
1. On 26 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 29 March 2021. In that judgment we dismissed the Applicant’s appeal against the decision of Deputy High Court Judge KW Lung on 31 July 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 his Notice of Motion, the Applicant stated that he his life would be in danger if he were to return to Peru. He also requested some time to find proof which is difficult to obtain right now due to the pandemic.
4. Despite the acknowledgment by the Applicant on 26 April 2021 of the requirement under Practice Direction 2.1 and the directions of the Registrar of Civil Appeals on 27 April 2021, the Applicant did not lodge any written submissions in support of this application.
5. We shall process his application on the papers based on the matter he set out in his Notice of Motion.
6. The Applicant has not raised any reasonably arguable ground of appeal for disturbing our judgment. 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.
| (M H Lam) |
(Joseph Yau) |
(ST Poon) |
| Vice President |
Judge of the Court of First Instance |
Judge of the Court of First Instance |
The applicant acting in person
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