RE SATNAM SINGH

CAMP 263/2022

[2023] HKCA 766

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 263 OF 2022

(ON AN INTENDED APPEAL FROM HCAL NO. 2083 OF 2018)

_____________________

_____________________

________________

J U D G M E N T

________________

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

1.  On 27 April 2023, this court handed down a judgment ([2023] HKCA 589) dismissing the applicant’s renewed application for extension of time to appeal the decision of Deputy High Court Judge Lung given on 15 February 2022 which refused to grant him leave to apply for judicial review.

2.  On the same day, the applicant filed a Notice of Motion to apply for leave to appeal this court’s judgment to the Court of Final Appeal. On 3 May 2023, however, he filed a Request for Dismissal of Appeal, in which he requested the dismissal of his Notice of Motion.

3.  Having considered the papers filed by the applicant, we consider it is appropriate to deal with his two applications on paper without an oral hearing.

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

5.  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.

6.  The Notice of Motion only states that the applicant wants to go to the Court of Final Appeal. It does not identify any question of great general or public importance to be determined by the Court of Final Appeal, as required by section 22(1)(b) of the Ordinance. Nor do we see any basis for the “or otherwise” limb under section 22(1)(b). In the circumstances, the statutory requirements for giving leave to appeal are not met. For this reason and having regard to the applicant’s request to dismiss the Notice of Motion, we order that the Notice of Motion be dismissed.