RE NWANEWETA CHIGOZIE REMIGIUS

CACV 172/2024, [2025] HKCA 141

On Appeal From [2024] HKCA 722

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 172 OF 2024

(ON APPEAL FROM HCAL NO 1519 OF 2019)

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J U D G M E N T

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

1.  On 22 August 2024, the applicant filed a Notice of Motion to apply for leave to appeal to the Court of Final Appeal against this court’s judgment of 31 July 2024 (“the Judgment”) ([2024] HKCA 722).  In the Judgment, we dismissed the applicant’s appeal against the decision of Deputy High Court Judge KW Lung (“the Deputy Judge”) dated 26 April 2024, by which the Deputy Judge dismissed his application for leave to apply for judicial review ([2024] HKCFI 1161).

2.  By a Request for Dismissal of Appeal filed on 11 September 2024, the applicant requested for dismissal of the intended appeal.

3.  On the basis of his said request to dismiss his application for leave to appeal to the Court of Final Appeal, we dismiss the Notice of Motion.  In any event, his intended application also fails for lack of merit, which we will explain further below.

4.  The facts and issues in the appeal, as well as this court’s reasons for dismissing it, are set out in the Judgment.  We will not repeat them here.  After reviewing the Notice of Motion, we see no reason to deviate from the usual practice to consider this application on paper pursuant to paragraph 3 of Practice Direction 2.1.

5.  Section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, Cap 484 (“the HKCFAO”) provides that an appeal shall lie to the Court of Final Appeal at the discretion of this court or the Court of Final Appeal 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.

6.  In his Notice of Motion, the applicant merely stated:

“I don’t agree to the high court decision. I want to go to the court of final Appeal.” (sic)

7.  Contrary to Practice Direction 2.1, the applicant failed to lodge any written submissions.

8.  In our view, the applicant’s application is a non-starter. The applicant fails to advance any proper ground of appeal or specify any error in the Judgment.  There is plainly no basis for us to grant leave to appeal against the Judgment.

9.  Further and in any event, even taking his case at its highest, his allegations remain fact-specific and do not relate to any question of great general or public importance.

10.  Accordingly, the applicant has failed to identify any question of great general or public importance, as required by section 22(1)(b) of the HKCFAO.  We also do not see any basis for granting leave on the “or otherwise” limb under section 22(1)(b) of the HKCFAO.

11.  For these reasons, the applicant’s intended appeal has no merit.  Accordingly, the Notice of Motion filed on 22 August 2024 is dismissed.