RE ANSARI FAIYAZ

CACV 362/2018

[2019] HKCA 34

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 362 OF 2018

(ON APPEAL FROM HCAL NO. 1139 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.  On 31 October 2018, this Court dismissed the applicant’s appeal against the decision of Deputy High Court Judge Josiah Lam given on 30 July 2018 in which he refused to grant leave to the applicant to apply for judicial review.

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

3.  The applicant now applies, by notice of motion dated 20 November 2018, for leave to appeal to the Court of Final Appeal.  We will deal with it on paper.

4.  As far as we can understand, the applicant stated in his Notice of Motion that there was error of law in the decision; there was selective reliance of the COI information to his prejudice; there is a genuine real risk of harm and the decisions against him were biased. He did not elaborate on these grounds in his written submission, but only repeated factual background matters that had already been considered below.

5.  The matters stated by the applicant in his Notice of Motion and written submissions do not constitute grounds for granting leave to appeal to the Court of Final Appeal.  He 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 Hong Kong Court of Final Appeal Ordinance, (Cap. 484).  Nor is there any such question apparent to us from the matters he has raised in his Notice of Motion and written submissions.  

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

7.  For these reasons, the Notice of Motion dated 20 November 2018 is dismissed.