RE TIJAN CHONGAN

CAMP 212/2019

[2020] HKCA 622

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 212 OF 2019

(ON AN INTENDED APPEAL FROM HCAL NO. 1134 OF 2017)

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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)  Leave to appeal to Court of Final Appeal

1.1  On 23 April 2020, this Court (Cheung and Barma JJA) gave the decision dismissing the applicant’s renewed application for an extension of time to appeal (‘extension decision’) against the decision of Deputy High Court Judge K.W. Lung given on 19 December 2018 in which he refused to grant leave to the applicant to apply for judicial review.

1.2  The applicant now applies, by a notice of motion filed on 14 May 2020, for leave to appeal against our extension decision to the Court of Final Appeal.

1.3  Doing the best we could to interpret that applicant’s notice of motion the applicant stated that the decision maker relied on country of origin information in his disfavour.  There is overwhelming evidence of violence which was ignored.  The principle of irrationality was wrongly used.

2)  Legal principles

2.  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.

3)  Our view

3.1  The matters stated by the applicant in his notice of motion do not constitute grounds for granting leave to the Court of Final Appeal.  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.  Nor is there any such question apparent to us from the matters he has raised in his documents.

3.2  We also do not see any basis for granting leave on the ‘or otherwise’ limb under section 22(1)(b).

4)  Disposition

4.  For these reasons, the notice of motion filed on 14 May 2020 is dismissed.