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Lee Chick Choi v He Director Of Legal Aid

Judgment Cited authorities 1 Cited in Precedent Map Related
Vincent
Judgment Date26 July 2019
Neutral Citation[2019] HKCA 820
Year2019
Judgement NumberCACV276/2018
Subject MatterCivil Appeal
CourtCourt of Appeal (Hong Kong)
CACV276A/2018 LEE CHICK CHOI v. HE DIRECTOR OF LEGAL AID

CACV 276/2018

[2019] HKCA 820

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 276 OF 2018

(ON APPEAL FROM HCAL 417 OF 2018)

_______________

BETWEEN
LEE CHICK CHOI Applicant
and
Putative
THE DIRECTOR OF LEGAL AID Respondent

_______________

Before: Hon Lam VP, Poon and Au JJA in Court
Dates of Applicant’s Written Submissions: 11 March 2019 and 16 April 2019
Date of Putative Respondent’s Written Submissions: 3 April 2019
Date of Judgment: 26 July 2019

____________________

J U D G M E N T

____________________

Hon Au JA (giving the judgment of the court):

1. By a judgment (“the Judgment”) dated 8 March 2019 ([2019] HKCA 275), this court (Hon Lam VP, Poon and Au JJA) struck out and dismissed the applicant’s appeal against the decision (“the Judge’s Decision”) of Chow J (“the Judge”) dated 27 June 2018. The Judge refused the applicant leave to apply for judicial review, and dismissed his application for extension of time to apply for judicial review.

2. The intended judicial review was against the decision made by the Director of Legal Aid in refusing the applicant’s legal aid application in relation to his claim commenced under DCCJ 1988/2017 against his former employer for alleged breaches of the Personal Data (Privacy) Ordinance (Cap 486) (“the PDPO”).

3. We struck out and dismissed the applicant’s appeal on the basis that (a) the applicant failed to apply for leave to appeal against the Judge’s Decision, and (b) in any event, leave to appeal should not be granted. The facts and issues in the appeal, as well as the court’s reasons for dismissing it, are set out in the Judgment. We will not repeat them here.

4. By a Notice of Motion dated 11 March 2019, the applicant applies for leave to appeal against the Judgment to the Court of Final Appeal under section 22(1) of the Court of Final Appeal Ordinance (Cap 484) (“the CFAO”). Pursuant to the directions of the Registrar of Civil Appeal dated 14 March 2019, this application is to be dealt with on paper, and the applicant and the putative respondent have respectively filed their written submissions.

5. Section 22(1)(b) of the CFAO provides that:

“An appeal shall lie to...

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