RE KAWALJIT SINGH

CACV 182/2018

[2020] HKCA 423

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 182 OF 2018

(ON APPEAL FROM HCAL NO. 584 OF 2017)

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D E C I S I O N

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

1.  Leave to appeal to Court of Final Appeal

1.1   On 14 May 2018, Deputy High Court Judge Woodcock handed down judgment in her Form CALL-1 (‘Judgment’) that the applicant’s notice of application for leave to apply for judicial review be refused.

1.2   On 24 May 2018, the applicant filed a Notice of Appeal appealing against the Judgment.

1.3   On 6 July 2018, the applicant was refused legal aid to proceed with his action.

1.4   On 3 August 2018, the applicant filed a Request for Dismissal of Appeal to dismiss his Notice of Appeal.

1.5   Based on the request, a single judge of this Court on 6 August 2018 ordered the applicant’s appeal be dismissed with no order as to costs.

1.6   On 17 March 2020, more than a year later, the applicant filed a Notice of Motion with supporting affirmation seeking leave to appeal to the Court of Final Appeal.

1.7   On 7 May 2020, the applicant lodged his written submissions in support of his Notice of Motion.

1.8   We will deal with the application on paper. 

2.  Legal principles

2.   Under section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance (Cap. 484) (‘HKCFAO’), an appeal shall lie to the Court (of Final Appeal) ‘at the discretion of the Court of Appeal or the Court (of Final Appeal), from any judgment of the Court of Appeal in any civil cause or matter…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 for decision…’.

3.  Our view

3.1   The applicant’s appeal was dismissed upon his request.  There is no judgment from the Court of Appeal adjudicating on the merits of the appeal.  A judgment is an essential element of section 22(1)(b) of the HKCFAO for the Court to proceed to deal with the applicant’s Notice of Motion.

3.2   Therefore, the present application simply does not fall within section 22(1)(b) of the HKCFAO which governs the grant of leave to appeal to the Court of Final Appeal.  The application must be dismissed.

3.3   Even assuming that we should proceed to consider the Notice of Motion, the matters stated by the applicant in his Notice of Motion, affirmation 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 great general or public importance for the Court of Final Appeal to determine in accordance with section 22(1)(b) of the HKCFAO.  Nor is there any such question apparent to us from the matters he has raised.

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

4.  Disposition

4.   For these reasons, the Notice of Motion dated 17 March 2020 is dismissed.