RE KHUC THI MAI TRANG

CACV 137/2022

[2023] HKCA 318

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 137 OF 2022

(ON APPEAL FROM HCAL NO 393 OF 2019)

_____________________________

_____________________________

___________________

J U D G M E N T

___________________

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

1.  This court handed down judgment on 29 August 2022 ([2022] HKCA 1293) dismissing the applicant’s appeal against an order of DHCJ Bruno Chan (“the Judge”) given on 8 April 2022 refusing to grant leave to the applicant to apply for judicial review in respect of her non‑refoulement claim.

2.  The facts and issues in the appeal before this court, as well as the court’s reasons for dismissing it, are set out in our judgment and will not be repeated here.

3.  On 19 September 2022, the applicant filed a Notice of Motion for leave to appeal this court’s judgment to the Court of Final Appeal.

4.  In the Notice of Motion the applicant stated that this court dismissed her appeal against the Judge’s decision and that she and her son (see paragraphs 20 - 21 of our judgment regarding the son she is referring to) would be harmed or even killed by her creditor and gangsters upon their return to their home country. She considered that the Director of Immigration had disregarded her human rights and she urged this Court to give her a chance to seek justice and to grant leave to her to go to the Court of Final Appeal.

5.  Pursuant to the directions of the Registrar of Civil Appeals made on 19 September 2022, the applicant should lodge her written submissions on or before 3 October 2022. She failed to do so. The Registrar further directed that unless the applicant lodges her written submissions on or before the aforesaid deadline, she will be deemed to have abandoned her right to rely on written submissions and the matter will be considered by the Court of Appeal based on available materials, and unless otherwise directed, the Notice of Motion shall be determined on paper only without an oral hearing. As we consider it appropriate, this Notice of Motion is determined on paper without an oral hearing.

6.  Section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance (“HKCFAO”) (Cap. 484) provides that 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.

7.  Having regard to this court’s judgment, the applicant’s intended appeal has no merit at all. She has merely regurgitated her case which we have dealt with in our judgment. No question of great general or public importance has been identified as required by section 22(1)(b) of the HKCFAO.

8.  Nor do we see any basis for granting leave under the “or otherwise” limb under section 22(1)(b).

9.  By reason of the above, the Notice of Motion filed on 19 September 2022 is dismissed.