FAMV 211/2021
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 211 OF 2021 (CIVIL)
(ON APPLICATION FOR LEAVE TO APPEAL FROM CACV NO. 348 OF 2020)
RAJBIR SINGH Applicant
‘Summons to the Applicant under Rule 7(1)
‘To: ‘The Applicant RAIBIR SINGH
This is to notify you, the Applicant, pursuant to Rule 7(1} of the Hong
Kong Court of Final Appeal Rules, Cap 484 (“the Rules”), that the Registrar is
of the opinion on the Registrar's own motion that your application for leave to
appeal discloses no reasonable grounds for leave to appeal.Pursuant to Rule 7(1) of the Rules, you ate called upon to show cause
before the Appeal Committee, by written submissions to be filed at the Registry
of the Hong Kong Court of Final Appeal on or before Wednesday, 7 July 2021
why your application should not be dismissed by the Appeal Committee.
Acting Registrar, Court d
9 June 2021
Notes for Guidance are attached.
‘A copy of this summons and the Notes for Guidance are served on the
Respondent for information only.Notes for Guidance in Civil Cases
‘The Registrar has issued a summons under Rule 7(1) of the Hong Kong
Court of Final Appeal Rules, Cap. 484 (“the Rules”) requiring you to
show cause before the Appeal Committee why your application for leave
{0 appeal to the Court of Final Appeal (“your application”) should not be
dismissed,
‘The Appeal Committee may dismiss your application on the ground or
grounds set out in the summons. Under Rule 7(1, the grounds that may
be set out in the summons are that your application (1) discloses no
reasonable grounds for leave to appeal; ot (2) is frivotous; or 3) fails to
comply with the Rules.
Your attention is drawn to section 22 of the Court of Final Appeal
Ordinance, Cap. 484 (which is set out in the Annex), That section lays
down the criteria relating to leave to appeal in civil eases.
Pursuant to the summons, you should file written submissions for the
consideration by the Appeal Committee, showing cause why your
application should not be dismissed. As requested by Practice
Direction 24, written submissions must generally be no more than 5,000
‘words in length overall (ineluding footnotes and any appencices), printed
in a clearly legible 14 point or larger typeface on one-sided A4 paper and
accompanied by a soft copy in Word format enabling a word count to be
performed electronically. Your writen submissions must te filed at the
Registry of the Hong Kong Court of Final Appeal by the date specified in
the summons. The Registry may refuse to accept fax cosy of written,
submissions. Non-compliant submissions can expect to be rejected,5 After the date specified in the summons, the Appeal Committee will
consider the matter including your written submissions (if any) without an
oral hearing. Pursuant to Rule 7(2) of the Rules, the Appeal Committee
‘ay, after considering the matter, order that your application be dismissed
or give such other directions a the justice of the case may require. The
Appeal Committee may also make a eosts order, including an order that
you pay the Respondent's costs relating to your application. You will be
notified of the outcome.
6 Any order or directions made by the Appeal Committee will be posted up
‘on the public notice board at the Court of Final Appeal
7 ‘The Respondent is not required to take any steps in relation to the
summons and will be notified of the outcome.
ANNEX
Section 22 of the Court of Final Appeal Ordinance
{annexed to the Notes for Guidance in Civil Cases)
2,
i appeals
(1) Anappeal shall ie tthe Court ~
(@) atthe discretion of the Court of Appeal or the Court, fom any
judgment of the Court of Appeal in any civil cause or matter,
‘whether final or interlocutory, if, inthe opinion ofthe Court of
“Appeal or the Court, as the ease may be, the question invaved in
‘the appeal is one which, by reason of its great general o: public
importance, or otherwise, ought to be submited to the Cour for
decision