HCAL2605/2018
[2019] HKCFI 1238
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 2605 of 2018
BETWEEN
Shamsher Singh
Applicant
and
The Adjudicator of the Torture Claims Appeal Board/
1st Putative Respondent
The Director of Immigration
2nd Putative Respondent
Application for Leave to Apply for Judicial Review
Following;
Order by Deputy High Court Judge K.W. Lung :
1. leave to apply for Judicial Review be dismissed for want of prosecution; and
2. there be liberty to apply to set aside this order under Order 32, rule 6 of the Rules of the High Court.
Observations for the Applicant (Order by Deputy High Court Judge K.W. Lung):
1. By Form 86 under Order 53, rule 3(2) of the Rules of the High Court, the applicant applied for leave for judicial review of the decisions of the Director of Immigration and the Adjudicator of the Torture Claims Appeal Board/Non-refoulement Claims Petition Office.
2. The applicant requested hearing of his application by the Court.
3. The application was set down for hearing on 8 May 2019 at 10am.
4. The applicant was absent at the hearing.
5. The Court of Appeal in Re: Ahmed Syed Rafiq [2018] HKCA 178 (CACV 272/2017) 26 March 2018 held that for active case management, the Court has power to strike out the application for want of prosecution. See paragraph 12:
‘12. In Choy Bing Wing v President of Hong Kong Institute of Engineers (HKIE) (unreported, CACV 172/2013, 19 February 2014), it was held at [15] that “The court’s duty on active case management is equally applicable to appeals as in first instance cases. The expeditious and efficient disposal of appeals is important in the proper administration of justice”. The Court has power to strike out an appeal on the ground of abuse of process which includes a striking out for want of prosecution ([18]).’
6. Accordingly, the applicant’s application is dismissed for want of prosecution.
Dated the 8th day of May 2019
(Henry Ng)
Where leave to apply has been granted, Applicants and their legal advisers are reminded of their obligation to reconsider the merits of their application in the light of the Respondent’s evidence
Notes for the Applicant :
If leave has been granted, the Applicant or the Applicant’s solicitors must:
a) serve on the respondent and such interested parties as may be directed by the Court the order granting leave and any directions given within 14 days after the leave was granted (Order 53, rule 4A);
b) issue the originating summons within 14 days after the grant of leave and serve it in accordance with Order 53, rule 5; and
c) supply to every other party copies of every affidavit which the Applicant proposes to use at the hearing, including the affidavit in support of the application for leave (Order 53, rule 6(5)).
Sent to the Applicant on 8/5/2019Shamsher Singh
Applicant’s ref. no:
Sent to the Putative Respondent / the Putative Respondent’s solicitors / such Putative Interested Parties as may be directed by the Court / the Putative Interested Parties’ solicitors on 8/5/2019
The Adjudicator of the Torture Claims Appeal Board/ Non-refoulement Claims Petition Office st Putative Respondent’s ref. no.:
The Director of Immigration 2nd Putative Respondent’s ref. no.:
Department of Justice, Senior Assistant Law Office (Civil Law) (Civil Litigation Unit 2)
Form CALL-1