RE SOHAIL ASIF

CACV 178/2018

[2018] HKCA 889

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 178 OF 2018

(ON APPEAL FROM HCAL NO. 304 of 2017)

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JUDGMENT

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Hon Chu JA (giving the Judgment of the Court):

1.  On 23 May 2018, the applicant filed a notice of appeal to appeal against the decision of Deputy High Court Judge Josiah Lam given on 11 May 2018 dismissing his application for leave to apply for judicial review.

2.  On 31 May 2018, the Registrar of Civil Appeals directed the applicant to lodge with the court two sets of appeal bundle on or before 19 June 2018, with a warning that failure to comply with the direction might entail an unless order being imposed with the consequence of default being the dismissal of the appeal.  The direction and the warning were communicated to the applicant by the Court’s letter dated 1 June 2018.

3.  As the applicant failed to comply with the direction, the Registrar of Civil Appeals ordered on 26 June 2018 that unless on or before 12 July 2018 the applicant complied with the direction given on 31 May 2018, the matter would be referred to the Court of Appeal for consideration of imposing an unless order with the consequence of default being the dismissal of the appeal.  The order was communicated to the applicant by the Court’s letter of the same date.

4.  The applicant did not comply with the Registrar of Civil Appeals’ order.  The matter was accordingly referred to the Court of Appeal.  On 19 July 2018, Chu JA ordered that unless by 4:00 pm on 3 August 2018 the applicant lodged with the Court two sets of appeal bundle in accordance with the direction of 31 May 2018, the appeal shall without further notice stand dismissed.  The order was communicated to the applicant by the Court’s letter dated 20 July 2018.

5.  The applicant did not lodge any appeal bundle.  Pursuant to the Unless Order made on 19 July 2018, the appeal was dismissed out of court.  By the Court’s letter dated 9 August 2018, the applicant was informed that the appeal had been dismissed.         

6.  By a Notice of Motion dated 18 October 2018, the applicant applied for leave to appeal out of time to the Court of Final Appeal against the dismissal of the appeal.

7.  The Notice of Motion stated that:

“I am not satisfied with the decision because my life is not safe in my own country. I can’t go back at this moment. I may [be] tortured or killed if I return to my country. Please help me to stay in Hong Kong until my problem will be solved. I am looking towards your kind attention over my application.”

8.  The applicant’s written submission, in addition to repeating what was stated in the Notice of Motion, also stated that his enemies were strong, powerful and had political links and could locate him anywhere in his country.

9.  For the reasons set out below, we are of the view that there is no merit in this application.  First, the applicant has not explained the not insubstantial delay in making the application for leave to appeal to the Court of Final Appeal.  Second, contrary to the requirement laid down in section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, Cap. 484, no question of great general or public importance was set out in either the Notice of Motion or the written submission.  Third, what was stated in the Notice of Motion and the written submission bears no relevance to the reason for the dismissal of the appeal.  There is no explanation for the applicant’s prolonged failure to lodge appeal bundles, despite the direction and unless orders made by the court. 

10.  Accordingly, we dismiss the Notice of Motion.