RE GURPREET SINGH

CAMP 312/2021

[2022] HKCA 1605

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 312 OF 2021

(ON AN INTENDED APPEAL FROM HCAL NO. 2680 OF 2018)

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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 30 December 2021, this Court handed down a judgment ([2021] HKCA 2009) dismissing the applicant’s renewed application to extend time to appeal an order of Deputy High Court Judge K W Lung given on 6 May 2021 refusing to grant extension of time to the applicant to apply for leave to commence judicial review and dismissed his application for leave for judicial review.

2.  On 28 February 2022, the applicant filed a notice of motion applying for leave to appeal out of time against this Court’s judgment to the Court of Final Appeal.  The applicant did not lodge any written submission despite directions given by the Registrar of Civil Appeals.  

3.  Having considered the applicant’s notice of motion, we see no reason to depart from the usual practice of determining applications for leave to appeal to the Court of Final Appeal on paper without an oral hearing.  We have, therefore, proceeded to determine the applicant’s application on the basis of the documents in the case.

4.  The background to this case and the applicant’s claim have been set out in our judgment at [6].  We will not repeat them.

5.  Under section 24(2) of the Hong Kong Court of Final Appeal Ordinance (‘HKCFAO’) (Cap. 484), application for leave to appeal to the Court of Final Appeal shall be filed within 28 days from the date of the judgment to be appealed from.  Section 24(5) further provides that the Court of Appeal may, if it considers appropriate, extend the time for making application for leave to appeal. 

6.  Section 22(1)(b) of the HKCFAO further 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.  The applicant was late for over 4 weeks.  He explained in his affirmation that he was late due the COVID-19 pandemic situation and insufficient funds. 

8.  The notice of motion stated that :

‘ I am the applicant herein: In the order give to the court there is some error in my decision Decision makes just relied on COL Information and my previous facts which were favor on reject my claim. Actual life occur diffrent situation the mentioned COL Information Immigration Officer and Hong Kong High Court’s Prefers to ignore the overwhelming of the evidence of more violence towards minorities searching for unrealistic silver lining The Decision is totally betray bias and formula approach unlikely fairly access the danger of my life and clearly calculate to reject my claims Also I am requested to court I don’t have legal represented could you please provide me duty lawyer service. Also please safe my life as a human being bundle of thanks.’

9.  The applicant has not identified any question of great general or public importance as required by section 22(1)(b) of the HKCFAO.

10.  Nor do we see any basis for the ‘or otherwise’ limb under section 22(1)(b).

11.  As the statutory requirements for giving leave to appeal are not met, the intended appeal is devoid of merits and we dismiss the notice of motion dated 28 February 2022 accordingly.