RE MUNIAPPA THEVAR SANKAR

CACV 149/2021

[2022] HKCA 597

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 149 OF 2021

(ON APPEAL FROM HCAL NO. 1320 OF 2018)

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J U D G M E N T

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Hon Cheung JA (giving the Judgment of the Court)  :

I.  Leave to appeal to the Court of Final Appeal

1.  On 21 September 2021, this Court (Cheung and Chu JJA)  handed down a judgment dismissing the applicant’s appeal against the decision of Deputy High Court Judge K W Lung given on 29 March 2021 in which he refused to grant leave to the applicant to apply for judicial review.

2.  The facts and issues of the appeal as well as the Court’s reasons for dismissing it are set out in our judgment.  We will not repeat them here.

3.  The applicant now applies, by a notice of motion filed on 5 October 2021, for leave to appeal against our judgment to the Court of Final Appeal.  The applicant stated in his notice of motion the following :

‘ I would like to inform Court of Final Appeal. There is some error in my case. I am totally disagree with the decision of authorities and court because there were totally relied on COI information and my previous facts which were faver on reject my claim. Actual life occur different situation them mentioned COI information. Because it’s towards to my life in danger in my home land in India.’

4.  The applicant stated in his written submissions in summary the following points :

(1.)  There was a lack of assistance provided to the applicant, in particular, language assistance.

(2.)  The Judges were not in a position to determine the prospect of success of his case.

(3.)  The applicant does not thoroughly understand how his case was determined.

II.  Our view

5.  Under section 22(1)(b)  of the Hong Kong Court of Final Appeal Ordinance (Cap. 484)  (‘Ordinance’)  leave to appeal to the Court of Final Appeal will only be granted if the question to be determined involves great general or public importance or otherwise ought to be determined by the Court of Final Appeal.

6.  The matters stated by the applicant in his notice of motion and written submissions do not constitute grounds for granting leave to the Court of Final Appeal.  The applicant has failed to identify any question of general or public importance for the Court of Final Appeal to determine in accordance with section 22(1)(b)  of the Ordinance.  Nor is there any such question apparent to us from the matters he has raised in his notice of motion and written submissions. 

7.  We also do not see any basis for granting leave on the ‘or otherwise’ limb under section 22(1)(b)  of the Ordinance.

III.  Disposition

8.  For these reasons, the notice of motion dated 5 October 2021 is dismissed.