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HCAL1122/2018
[2019] HKCFI 703
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 1122 of 2018
BETWEEN
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Thapa Magar Purna Bahadur |
Applicant |
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and |
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The Director of Immigration |
1st Putative Respondent |
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The Adjudicator of the Torture Claims Appeal Board/
Non-refoulement Claims Petition Office |
2nd Putative Respondent |
Application for Leave to Apply for Judicial Review
NOTIFICATION of the Judge’s decision (Ord. 53 r. 3)
Following;
Order by Deputy High Court Judge K.W. Lung:
1. leave to apply for Judicial Review be dismissed for want of prosecution; and
2. there be liberty to apply under Order 32, rule 6 to set aside this order.
Observations for the Applicant (Order by Deputy High Court Judge K.W. Lung):
1. By Form 86 under Order 53, rule 3(2) of the Rules of the High Court, the applicant applied for leave for judicial review of the decisions of the Director of Immigration and the Adjudicator of the Torture Claims Appeal Board/Non-refoulement Claims Petition Office.
2. The applicant requested hearing of his application by the Court.
3. The application was set down for hearing on 13 March 2019 at 10am.
4. The applicant was absent at the hearing.
5. The Court of Appeal in Re: Ahmed Syed Rafiq [2018] HKCA 178 (CACV 272/2017) 26 March 2018 held that for active case management, the Court has power to strike out the application for want of prosecution. See paragraph 12:
‘12. In Choy Bing Wing v President of Hong Kong Institute of Engineers (HKIE) (unreported, CACV 172/2013, 19 February 2014), it was held at [15] that “The court’s duty on active case management is equally applicable to appeals as in first instance cases. The expeditious and efficient disposal of appeals is important in the proper administration of justice”. The Court has power to strike out an appeal on the ground of abuse of process which includes a striking out for want of prosecution ([18]).’
6. Accordingly, the applicant’s application is dismissed for want of prosecution.
Dated the 13th day of March 2019
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(Henry Ng)
for Registrar, High Court |
Where leave to apply has been granted, Applicants and their legal advisers are reminded of their obligation to reconsider the merits of their application in the light of the Respondent’s evidence
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Notes for the Applicant:
If leave has been granted, the Applicant or the Applicant’s solicitors must:
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a) serve on the respondent and such interested parties as may be directed by the Court the order granting leave and any directions given within 14 days after the leave was granted (Order 53, rule 4A);
b) issue the originating summons within 14 days after the grant of leave and serve it in accordance with Order 53, rule 5; and
c) supply to every other party copies of every affidavit which the Applicant proposes to use at the hearing, including the affidavit in support of the application for leave (Order 53, rule 6(5)).
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Sent to the Applicant on 13/3/2019
Thapa Magar Purna Bahadur
Applicant’s ref. no:
Nil.
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Sent to the Putative Respondent / the Putative Respondent’s solicitors / such Putative Interested Parties as may be directed by the Court / the Putative Interested Parties’ solicitors on 13/3/2019
The Director of Immigration
1st Putative Respondent’s ref. no.:
QA T/C 945/14 (formerly RBCZ 2304/09)
The Adjudicator of the Torture Claims Appeal Board/
Non-refoulement Claims Petition Office
2nd Putative Respondent’s ref. no.:
USM 2061/15/8/82/N227
Department of Justice,
Senior Assistant Law Office
(Civil Law)
(Civil Litigation Unit 2)
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Form CALL-1
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