RE ZUNARIYAH

CACV 195/2017

[2018] HKCA 154

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 195 OF 2017

(ON APPEAL FROM HCAL NO 139 of 2017)

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JUDGMENT

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

1.  We handed down our judgment dismissing the appeal on 11 January 2018.

2.  On 1 February 2018, the applicant issued a Notice of Motion seeking leave to appeal to the Court of Final Appeal.

3.  Pursuant to Practice Direction 2.1, the applicant lodged submissions in support of his application on 15 February 2018[1]. The written submissions reiterated the arguments on lack of legal representation.  She further placed greater emphasis on the lack of legal representation regarding assessment of BOR 2 risk. 

4.  It is not correct to suggest that she had no legal representation on BOR 2 risk.  The primary materials for BOR 2 and BOR 3 claims were the same and they were presented with the assistance of lawyers. 

5.  The applicant had full opportunity to present her case on BOR 2 risk to the Director and the Board.  The applicant did not advance BOR 2 risk based on new or additional materials.  The Board assessed the 2 risks in tandem with BOR 3 risk and came to the conclusion that she failed to establish that she would face a real risk in those respects, see [33] to [39] of the Decision of the Board. 

6.  On that basis, the lack of legal representation after the primary materials were prepared did not result in any unfairness to her. 

7.  Having read the documents, we cannot find any basis for holding that leave to appeal should be granted pursuant to Section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance.  There is no question of great general or public importance in the intended appeal.  There is no reason for leave to be granted on the “otherwise” limb.

8.  The Notice of Motion of 1 February 2018 is dismissed.