RE NURYANTI

CACV 395/2020

[2021] HKCA 591

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 354 OF 2020

(ON APPEAL FROM HCAL 2881/2018)

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JUDGMENT

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Hon Lam VP (giving the Judgment of the Court):

1.  On 17 March 2021, the Applicant applied by a Notice of Motion for leave to appeal to the Court of Final Appeal against this Court’s judgment of 5 March 2021. In that judgment we dismissed the Applicant’s appeal against the decision of Deputy High Court Judge KW Lung on 7 August 2020 by which he refused to grant her leave to apply for judicial review.

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

3.  In her Notice of Motion for leave to appeal to the CFA, the Applicant simply stated that she wanted to challenge this Court’s decision of 5 March 2021.  She did not state any grounds.

4.  The Applicant lodged her written submissions in support on 25 March 2021. In those submissions she reiterated the basic facts of her claim but did not identify or state any grounds.

5.  The Applicant’s submissions do not raise any discernible or arguable ground for disturbing our judgment.  The matters raised in her Notice of Motion and her written submissions fail to pinpoint any specific error in our judgment.

6.  In any event, in the circumstances, we do not consider that there is any question of great general or public importance or which otherwise ought to be submitted to the CFA for determination.

7.  For these reasons, we refuse to grant leave to appeal to the CFA and dismiss the Applicant’s Notice of Motion accordingly.