LEUNG KIT HING DORIS v. THE PRINCIPAL MAGISTRATE OF KOWLOON CITY MAGISTRATES’ COURTS

CACV 36/2018

[2018] HKCA 269

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 36 OF 2018

(ON APPEAL FROM HCAL NO 1140 OF 2017)

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J U D G M E N T

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

1.  By an order dated 20 February 2018 (“the Order”), this Court directed that :

“ (1) The document lodged on 9/2/2018 is not a notice of appeal in accordance with O.59, r.3 of the Rules of the High Court (RHC). In any event, insofar as the applicant intends to appeal against the order in HCAL 1140/2017 dated 3/1/2018, extension of time to appeal must be obtained from the Court of Appeal upon application.

(2) Further proceedings in this appeal shall be stayed, pending any application by the applicant for extension of time mentioned in (1) above on or before 28/2/2018 and, if taken out, its determination.  If the applicant fails to take out such application within such period, this appeal shall be struck out on the following day without further notice.”

2.  Instead of complying with the Order, the applicant insisted on filing a summons as a step in this appeal on 28 February 2018.

3.  Because of the applicant’s non-compliance with the Order, the appeal was struck out without further order on 1 March 2018.  The applicant was informed of the same by a letter from the Registrar of Civil Appeals dated 16 March 2018.

4.  By a notice of motion filed on 29 March 2018 and an amended notice of motion filed on 3 April 2018, the applicant sought leave to appeal against the Order to the Court of Final Appeal.

5.  None of the grounds or matters relied on by the applicant in support of her present application satisfies the threshold for leave to be granted to appeal to the Court of Final Appeal under section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, Cap 484. That being the case, we refuse the applicant’s applications and dismiss her two notices of motion.