RE REDAY KRITTNIA

CACV 164/2018

[2018] HKCA 834

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 164 OF 2018

(ON APPEAL FROM HCAL NO. 892 of 2017)

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JUDGMENT

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

1.  On 27 September 2018, this Court (Cheung and Chu JJA) handed down our judgment (“the Judgment”) dismissing the applicant’s appeal against the decision of Deputy High Court Judge Bruno Chan (“the Judge”) given on 4 May 2018 refusing him leave to apply for judicial review.  

2.  By a Notice of Motion dated 4 October 2018, the applicant applied for leave to appeal against our judgment to the Court of Final Appeal.

Despite the directions of the Registrar of Civil Appeals given on 9 October 2018, the applicant did not lodge any written submission by 18 October 2018.

3.  Under section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, Cap. 484, 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.

4.  The Notice of Motion did not set out any proposed question for determination by the Court of Final Appeal.  It merely stated that the applicant could not go back to his country at this stage as his life would not be safe, and asked that the applicant be helped to stay in Hong Kong.  

5.  There is also no other reason for submitting the proposed appeal to the Court of Final Appeal for decision

6.  In the circumstances, the condition for giving leave to appeal is not met.  Accordingly, we dismiss the Notice of Motion.