RE DONG XUAN CHINH

CAMP 46/2022, [2023] HKCA 1138

On Appeal From [2021] HKCFI 1989

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO 46 OF 2022

(ON AN INTENDED APPEAL FROM HCAL NO 2985 OF 2018)

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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 10 February 2023 ([2023] HKCA 139) dismissing the applicant’s application to extend time to appeal against an order of DHCJ P. Li given on 8 July 2021 in which he refused to grant leave to the applicant 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 16 February 2023, the applicant filed a Notice of Motion in English for leave to appeal against this court’s judgment to the Court of Final Appeal.

4.  The applicant stated the following grounds of appeal in his Notice of Motion:

(1)  It was unsatisfactory for the Court of Appeal to rule that the applicant had no chance of success in reviewing the decision of the Torture Claims Appeal Board and the Director of Immigration.

(2)  If the applicant returns to Vietnam, his life will be seriously threatened because the gangsters in Vietnam are different from those in Hong Kong, most of them are cruel and violent. They disregard the law and are willing to kill people.

(3)  It is completely unfeasible for the applicant to relocate to another place in Vietnam as there will be many difficulties and obstacles. The nationwide social network of the gangsters and their clandestine connections with the corrupt people in the government and police apparatus make it possible for the creditor and gangsters to find out the applicant’s new residence.

(4)  The Director of Immigration did not consider the human rights under the Basic Law or the “Hong Kong Human Rights and Democracy Act”, International Covenant on Civil and Political Rights or International Covenant on Economic, Social and Cultural Rights.

5.  The Registrar of Civil Appeals directed the applicant to lodge his written submissions on or before 2 March 2023. The applicant failed to lodge any written submissions as directed. As it is appropriate to do so, the Notice of Motion is determined on paper without an oral hearing.

6.  Section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance (“HKCFAO”) (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.

7.  The applicant’s intended appeal has no merit at all. His grounds are just bare assertions of his case. He has not identified any errors in the judgment of this court, or any question of great general or public importance which ought to be submitted to the Court of Final Appeal for decision as required by section 22(1)(b) of the HKCFAO.

8.  Nor do we see any basis for granting leave under the “or otherwise” limb under section 22(1)(b).

9.  By reason of the above, the Notice of Motion filed on 16 February 2023 is dismissed.