RE SURATMAN LALU

CAMP 2/2022

[2022] HKCA 1467

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 2 OF 2022

(ON APPEAL FROM HCAL NO. 1311 OF 2021)

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D E C I S I O N

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Hon Cheung JA (giving the Decision of the Court) :

1.  On 21 April 2022, this Court handed down a judgment ([2022] HKCA 539) dismissing the applicant’s renewed application to extend time to appeal an order of Deputy High Court Judge K W Lung given on 18 November 2021 refusing to grant extension of time to the applicant to apply for leave to commence judicial review and dismissed his application for leave for judicial review.

2.  On 25 April 2022, the applicant filed a notice of motion applying for leave to appeal this Court’s judgment to the Court of Final Appeal.  The applicant did not lodge any written submission despite directions given by the Registrar of Civil Appeals.  

3.  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 basis of the documents in the case.

4.  The background to this case and the applicant’s claim have been set out in our judgment at [6].  We will not repeat them.

5.  Under section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance (‘HKCFAO’) (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 grounds of appeal stated in the notice of motion, which appears to be copied from some proforma often seen in these types of proceedings, are as follows :

‘ I am the applicant herein: In the order give to the court there is some error in my decision Decision makes just relied on COL Information and my previous facts which were favor on reject my claim. Actual life occur diffrent situation the mentioned COL Information Immigration Officer and Hong Kong High Court’s Perfers to ignore the overwhelming of the evidence of more violence towards minorities searching for unrealistic silver lining The Decision is totally betray bias and formula approach unlikely fairly access the danger of my life and clearly calculate to reject my claims Also I am requested to court I dont have legal represented could you please provide me duty lawyer service. Also please safe my life as a human being bundle of thanks.’

7.  The applicant has not identified any question of great general or public importance as required by section 22(1)(b) of the HKCFAO.

8.  Nor do we see any basis for the ‘or otherwise’ limb under section 22(1)(b).

9.  As the statutory requirements for giving leave to appeal are not met, the intended appeal is devoid of merits and we dismiss the notice of motion dated 25 April 2022 accordingly.