RE TAMANG SHANTI

CACV 221/2020

[2021] HKCA 399

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 221 OF 2020

(ON APPEAL FROM HCAL 2071/2018)

____________________

____________________

________________________

JUDGMENT

________________________

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

1.  On 8 January 2021, the Applicant filed a Notice of Motion to apply for leave to appeal to the Court of Final Appeal against this Court’s judgment of 15 December 2020. In that judgment the Court (Lam VP and G Lam J) dismissed the Applicant’s appeal against the decision of Deputy High Court Judge Bruno Chan (“the Judge”) on 15 June 2020 dismissing her application for leave to apply for judicial review.

2.  Section 22(1)(b) of the Hong Kong Court of Final Appeal Ordinance, Cap 484 provides that an appeal shall lie to the Court of Final Appeal (“CFA”) at the discretion of this Court or the CFA if the question involved in the appeal is one which, by reason of its great general or public importance, or otherwise, ought to be submitted to the CFA for decision.

3.  In her Notice of Motion for leave to appeal to the CFA, as well as her written submissions that were lodged on 22 January 2021, the Applicant in substance reiterated her arguments advanced at the substantive appeal regarding lack of legal and language assistance.

4.  The Applicant’s arguments regarding lack of legal or language assistance had been rejected for the reasons given in this Court’s judgment of 15 December 2020.  Repeating the same arguments do not give rise to reasonably arguable grounds of appeal which can constitute questions of great general or public importance or which otherwise ought to be submitted to the CFA for determination.

5.  For these reasons, we refuse to grant leave to appeal to the CFA and dismiss the Applicant’s Notice of Motion accordingly.