LE TOAN THANG v. TORTURE CLAIMS APPEAL BOARD/ NON REFOULEMENT CLAIMS PETITION OFFICE

CAMP 577/2021

[2022] HKCA 1332

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 577 OF 2021

(ON AN INTENDED APPEAL FROM HCAL NO. 1131 OF 2021)

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JUDGMENT

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

1.  On 6 June 2022, this Court gave its judgment (“the CA Judgment”) dismissing the Applicant’s application for “leave to appeal” out of time against the order of Deputy High Court Judge K W Lung dated 15 November 2021 refusing to grant to the Applicant an extension of time to appeal against his earlier order dated 5 October 2021 refusing to grant leave to apply for judicial review.

2.  The Applicant now applies by Notice of Motion dated 27 July 2022 for leave to appeal the CA Judgment to the Court of Final Appeal.  In the Notice of Motion, the Applicant states, inter alia, that:

(1)  It is unsatisfactory that the Court of Appeal ruled that he had no chance of success in reviewing the decision of the Torture Claims Appeal Board and the decision of the Director of Immigration.

(2)  If he returns to Vietnam, his life will be seriously threatened and he will probably die, because the creditors and gangsters in Vietnam are different from those in Hong Kong.  Most of them are cruel and violent.  They disregard the law and are willing to kill people to satisfy their anger and ferocity.

(3)  The Director’s suggestion that he changes to another location to live to avoid the pursuit of the creditors is completely unfeasible, because there will be many difficulties and obstacles that he will have to face in the new location, his health is not good, he is not an active person, and he may be disadvantaged in the labour market.  There is no guarantee that he will be able to adapt to the new place and find a job to earn money to support himself.

(4)  With the nationwide social network of gangsters and clandestine connections with corrupt people in the government and police, it is quite possible for the creditors and gangsters to find out his new residence.  Thus, it can be very dangerous for him to try to escape to another place in Vietnam.

(5)  The Immigration Department did not consider his human rights under the Basic Law / Hong Kong Human Rights and Democracy Act / International Covenant on Civil and Political Rights / International Covenant on Economic, Social and Cultural Rights.

3.  The Applicant has failed to lodge his written submissions in support of the Notice of Motion on or before 10 August 2022 (or at all), contrary to the directions given by the Registrar of Civil Appeals on 27 July 2022.

4.  Under s 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, Cap 484, an appeal shall lie to the Court of Final Appeal at the discretion of the Court of Appeal or the Court of Final Appeal in any civil cause or matter if, in the opinion of the Court of Appeal or the Court of Final Appeal (as the case may be), 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.

5.  No question of great general or public importance involved in the proposed appeal is identified in the Notice of Motion.  We are unable to see any such question being involved in the proposed appeal.  The complaints raised in the Notice of Motion are vague and general, and do not point to any specific error in the CA Judgment.  We are satisfied that the intended appeal has no merits and no reasonable prospect of success. There is also no basis to grant leave to appeal on the “or otherwise” limb in s 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance.

6.  Accordingly, the application for leave to appeal is refused and the Notice of Motion is dismissed.