RE EUNUCH MOHAMMAD

CACV 325/2018

[2019] HKCA 243

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 325 OF 2018

(ON APPEAL FROM HCAL 568/2017)

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J U D G M E N T

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

1.  By our judgment dated 29 November 2018,[1] we dismissed the applicant’s appeal from the decision of Deputy High Court Judge Woodcock given on 12 July 2018[2] refusing leave to apply for judicial review.

2.  By a notice of motion filed on 5 December 2018, the applicant sought leave to appeal to the Court of Final Appeal against our judgment.  It is stated that we were wrong in holding that there was no substance in the grounds of his application, that his legal representative performed poorly and that he had insufficient time to address the hearing bundle.

3.  In his supporting affirmation dated 5 December 2018, the applicant deposed that we were wrong in holding that there was no state acquiescence or involvement and that we failed to find out details about the current situation in Bangladesh. 

4.  Notwithstanding that he was directed to do so, the applicant did not lodge any written submission in support of his notice of motion.

5.  In our judgment,[3] we explained that we dismissed the applicant’s appeal on the basis that he failed to put forth any viable ground to reverse the judge’s decision.  We also explained that there was no basis for the applicant to ground his claim on state acquiescence or involvement.

6.  In his application, the applicant has not engaged any of our reasons in dismissing his appeal.  The complaint in relation to the performance of his legal representative has never been raised before, and is unsupported.

7.  The applicant has not raised any question of great general or public importance.  Nor is there any basis to grant leave on the “or otherwise” limb.  The statutory criterion for granting leave to appeal to the Court of Final Appeal is therefore not met: section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance (Cap 484).

8.  Accordingly, we dismiss the application for leave to appeal to the Court of Final Appeal.