RE HAIDER RAJA NOSHERWAN ALI

CACV 25/2018

[2018] HKCA 694

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 25OF 2018

(ON APPEAL FROM HCAL NO 57 OF 2017)

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JUDGMENT

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

1.  On 13 June 2018, this court handed down a judgment dismissing the applicant’s appeal.

2.  On 26 June 2018, the applicant issued a notice of motion seeking leave to appeal to the Court of Final Appeal.  The applicant reiterated in the notice that he should be given legal and language assistance in respect of the assessment of his BOR 2 risk.

3.  The applicant lodged submissions (written in English) in support of his application on 10 July 2018.  In his written submissions, the applicant elaborated on what he stated in the notice of motion.

4.  Notwithstanding the applicant’s request for an oral hearing, we are of the view that the application can be processed on the papers in accordance with Practice Direction 2.1.

5.  We now give our determination on the application.

6.  The matters stated in the notice of motion do not constitute valid grounds for granting leave to the Court of Final Appeal and for reasons already set out in our main judgment they are not reasonably arguable.  Having considered the matters relied upon by the applicant in this application, we do not find any questions of great general or public importance as required under section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance (Cap 484). 

7.  We also do not see any basis for granting leave on the “otherwise” limb under section 22(1)(b).

8.  For these reasons, the notice of motion dated 26 June 2018 is dismissed.