plaintiff:
  - MO YUK PING

defendant:
  - HONG KONG SPECIAL ADMINISTRATIVE REGION (HKSAR)

case_reason: Application for leave to appeal from the Court of Appeal regarding convictions for conspiracy to defraud and conspiracy to pervert the course of public justice, with particular focus on whether the elements of conspiracy to defraud satisfy constitutional requirements of legal certainty.

judgment_summary: The Court of Final Appeal's Appeal Committee heard an application for leave to appeal from the Court of Appeal's judgment. The applicant had two convictions - conspiracy to defraud (Charge 2) and conspiracy to pervert the course of public justice (Charge 3). The Court of Appeal had certified one point regarding legal certainty of conspiracy to defraud elements but refused to certify four other points. The Appeal Committee granted leave to appeal only for the certified point concerning whether conspiracy to defraud elements are sufficiently precise to satisfy constitutional requirements of legal certainty. Leave was refused for the conviction of conspiracy to pervert the course of public justice and for all other grounds including the "substantial and grave injustice" ground.

jurisdiction_code: HKCFA

jurisdiction_name: Court of Final Appeal of the Hong Kong Special Administrative Region

case_location: Hong Kong Special Administrative Region

case_object: 
  - Criminal convictions for conspiracy to defraud
  - Criminal convictions for conspiracy to pervert the course of public justice

judgment_result:
  - charge: Application for leave to appeal on certified point regarding legal certainty of conspiracy to defraud
    result: Granted
  - charge: Application for leave to appeal against conspiracy to pervert the course of public justice conviction
    result: Refused
  - charge: Application to certify points 2 to 4
    result: Refused
  - charge: Application for leave on "substantial and grave injustice" ground
    result: Refused

involved_entities:
  - entity_name: Court of Appeal
    reason: Lower court that issued the judgment being appealed, certified one point but refused to certify four other points
  - entity_name: Chief Justice Li
    reason: Member of the Appeal Committee hearing the application
  - entity_name: Mr Justice Bokhary PJ
    reason: Permanent Judge who delivered the determination for the Appeal Committee
  - entity_name: Mr Justice Chan PJ
    reason: Member of the Appeal Committee hearing the application
  - entity_name: Ms Clare Montgomery QC
    reason: Queen's Counsel representing the applicant
  - entity_name: Ms Po Wing Kay
    reason: Counsel representing the applicant, instructed by W M Lo & Co.
  - entity_name: W M Lo & Co.
    reason: Law firm instructing counsel for the applicant
  - entity_name: Mr Kevin P Zervos SC
    reason: Senior Counsel representing the respondent from Department of Justice
  - entity_name: Ms Winnie Ho
    reason: Counsel representing the respondent from Department of Justice
  - entity_name: Department of Justice
    reason: Government department representing the respondent (HKSAR)
