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CACV 393/2020
[2021] HKCA 1433
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
CIVIL APPEAL NO. 393 OF 2020
(ON APPEAL FROM HCAL NO. 574 OF 2017)
____________________
| RE: |
MANJINDER SINGH |
Applicant |
____________________
| Before : |
Hon Cheung, G Lam JJA and S T Poon J in Court |
| Date of Decision : |
28 September 2021 |
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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) :
I. Leave to appeal to the Court of Final Appeal
1. On 23 April 2021, this Court handed down a judgment dismissing the applicant’s appeal against the decision of Campbell-Moffat J of 12 August 2020 in which she refused to grant leave to him to apply for judicial review.
2. The facts and issues in the appeal before the Court of 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 dated 6 May 2021 (‘Notice of Motion’), for leave to appeal against our judgment to the Court of Final Appeal.
4. No discernible grounds were stated in his notice of motion.
5. In his written submissions, the applicant (again) referred to general legal principles and authorities on non‑refoulement claim, but did not point to any error in our judgment or to any matter of great general or public importance.
II. Legal principles
6. Under section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, Cap. 484 (‘HKCFAO’), 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.
III. Our view
7. 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.
8. 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.
9. We also do not see any basis for granting leave on the ‘or otherwise’ limb under section 22(1)(b) of the HKCFAO.
IV. Disposition
10. For these reasons, the Notice of Motion dated 6 May 2021 is dismissed.
| (Peter Cheung) |
(Godfrey Lam) |
(S T Poon) |
|
Justice of Appeal |
Justice of Appeal |
Judge of the Court of |
| |
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First Instance |
Applicant, unrepresented, acting in person
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