RE HALAN SHEIKH

CACV 19/2020

[2021] HKCA 1948

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 19 OF 2020

(ON APPEAL FROM HCAL NO 1696 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 (Hon Lam VP as he then was, Yuen JA and Lok J)  handed down judgment on 25 June 2021 ([2021] HKCA 896)  dismissing the applicant’s appeal against an order of DHCJ K W Lung (“the Judge”)  given on 7 January 2020 refusing to give the applicant leave to apply for judicial review in respect of his non-refoulement claim (“the Judge’s Decision”).

2.  On 14 January 2020, the applicant filed a Notice of Appeal to appeal against the Judge’s Decision.  As mentioned earlier, in our judgment of 25 June 2021, we dismissed the applicant’s appeal.  The facts and issues in the appeal 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 14 July 2021, the applicant filed a Notice of Motion for leave to appeal this court’s judgment to the Court of Final Appeal on the following grounds:

“The Director of Immigration and the Adjudicator of Torture Claims Appeal Board rejected my claim. The High Court and the Court of Appeal dismissed my leave to apply for judicial review. Total way I did not get true justice. To get true justice I want to go to the Court of Final Appeal.”

4.  Pursuant to the directions made by the Registrar of Civil Appeals made on 14 July 2021 and Practice Direction 2.1, the applicant should lodge his written submissions on or before 28 July 2021.  He failed to do so and only lodged his written submissions on 12 August 2021.  The Registrar directed that written submissions lodged in non-compliance will not be considered.  In any event, no meritorious grounds were disclosed in the written submissions as the applicant merely repeated that he still faces threats to his life from his rival political party and urged the Court to grant him leave to appeal to the Court of Final Appeal. 

5.  The Registrar further directed that the Notice of Motion shall be determined on paper only without an oral hearing.  As it is appropriate to do so, we proceeded to determine this application on paper. 

6.  S. 22(1)(b)  of the Hong Kong Court of Final Appeal Ordinance 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.  Having regard to the judgment of this court, the applicant’s intended appeal has no merits.  No question of great general or public importance has been identified as required by s. 22(1)(b)  of the HKCFAO.   

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

9.  By reason of the above, the Notice of Motion filed on 14 July 2021 is dismissed.