BEGUM KHADIJA v. TORTURE CLAIMS APPEAL BOARD

CACV 130/2018

[2018] HKCA 974

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 130 OF 2018

(ON APPEAL FROM HCAL 876/2017)

_______________________________

_______________________________

________________

J U D G M E N T

________________

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

1.  By a judgment handed down on 30 August 2018 ([2018] HKCA 571), this Court struck out the applicant to appeal against the decision of Deputy High Court Judge Bruno Chan dated 20 April 2018 on the ground that it was an abuse of process and lack of leave under Section 14AA of the High Court Ordinance.

2.  On 3 September 2018, the applicant filed a notice of motion applying for leave to appeal to the Court of Final Appeal against the said judgment. 

3.  The Director of Immigration lodged written submission dated 18 September 2018 in opposition to the notice of motion.

4.  The applicant also lodged her written submissions on 8 October 2018.

5.  In the notice of motion and the submissions, the applicant did not address the basis on which the appeal was struck out: lack of leave to appeal against refusal to extend time and re-litigation after unsuccessful attempt in HCAL 140/2017.  

6.  As pointed out by Ms. Lam, Government Counsel for the Putative Interested Party, section 14AB of the High Court Ordinance (Cap 4) provides that no appeal shall lie from a decision of the Court of Appeal as to whether or not leave to appeal to it should be granted. 

7.  Accordingly, the applicant cannot appeal against this Court’s refusal of leave to appeal against the judge’s decision.

8.  Further, the applicant did not seek to challenge our finding that HCAL 876/2017 is an abuse of process. The intended appeal has no merit whatsoever.

9.  For these reasons, the notice of motion dated 3 September 2018 is dismissed.