HOSSAIN MANAWAR v. TORTURE CLAIMS APPEAL BOARD

HCAL 3882/2019

[2026] HKCFI 4879

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 3882 OF 2019

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D E C I S I O N

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Background

1.  By way of summons dated 8 June 2026 and filed on 10 June 2026 (“the   Summons”), the applicant applies for an extension of time to appeal against my order made on 2 April 2025, which dismissed the applicant’s application for leave to apply for judicial review in respect of the decision of the Torture Claims Appeal Board dated 2 December 2019.

2.  Order 53, rule 3(4) of the Rules of the High Court, Cap 4A, stipulates that “Where an application for leave is refused by a judge …, the applicant may appeal against the judge’s order to the Court of Appeal within 14 days after such order”.

3.  In Re Li Jing [2015] 2 HKLRD 933, it was held that the time for lodging an appeal against the refusal of granting leave to apply for judicial review started to run from the date of the making of the order, not from the date when the sealed order was issued, nor from the date when the sealed order was mailed, and no account should be taken of the fact that the applicant received the sealed order late (see also Re Gurung Min Bahadur [2018] HKCA 226).

4.  As my order was made on 2 April 2025, the last day for the applicant to lodge an appeal was on 16 April 2025. The time for appealing against my order has therefore expired, and the applicant requires leave from this court to appeal out of time.

Withdrawal of the Summons

5.  At the hearing of the Summons on 20 August 2026, the applicant indicated clearly to me that he would like to go back to his country India as soon as possible and confirmed that he would like to withdraw the Summons so that he would not proceed with the intended appeal any more.

6.  As it was clear that the applicant was making the withdrawal application out of his own volition, I am prepared to accede to his request and grant him leave to withdraw the Summons.

Conclusion

7.  For reasons aforesaid, leave is granted to the applicant to withdraw the Summons.