plaintiff:
- MO YUK PING
defendant:
- HONG KONG SPECIAL ADMINISTRATIVE REGION
jurisdiction_code: HKCFA
jurisdiction_name: Court of Final Appeal of the Hong Kong Special Administrative Region
case_location:
- 香港特別行政區
- Hong Kong Special Administrative Region
case_reason: >-
  Applicant seeks leave to appeal against convictions for conspiracy to defraud and conspiracy to pervert
  the course of public justice from CACC No. 26 of 2006.
case_object:
- leave to appeal
- conviction for conspiracy to defraud
- conviction for conspiracy to pervert the course of public justice
judgment_result:
- charge: Application for leave to appeal against conviction for conspiracy to pervert the course of public
    justice (Charge 3) (liability issue)
  result: Dismissed. Court of Appeal were right in refusing to certify points 2 to 5; no basis for leave
    to appeal on the 'substantial and grave injustice' ground. Applicant does not have leave to appeal
    against this conviction.
- charge: Application for leave to appeal against conviction for conspiracy to defraud (Charge 2) on certified
    point regarding legal certainty (liability issue)
  result: Allowed. Court considered it appropriate to grant leave to appeal for pursuing the certified
    point; time extended. Appeal limited to the question of whether the elements of the offence of conspiracy
    to defraud are sufficiently precise to satisfy the constitutional requirement of legal certainty.
judgment_summary: >-
  Applicant Mo Yuk Ping sought leave to appeal convictions for conspiracy to defraud and conspiracy to
  pervert public justice. The Court of Appeal certified only one point regarding legal certainty of fraud
  elements. Core issues: (1) whether to grant leave on the certified point; (2) whether to certify four
  additional points on evidence and findings; (3) whether substantial injustice warranted leave. The Court
  granted leave limited to the certified constitutional question on legal certainty of conspiracy to defraud,
  finding it appropriate for appeal. However, the Court dismissed the application regarding the conspiracy
  to pervert justice conviction, holding the Court of Appeal correctly refused to certify points 2-5 and
  finding no basis for leave on substantial injustice grounds. Time for appeal was extended for the certified
  point only.
involved_entities:
- entity_name: Chief Justice Li
  reason: Served as member of the Appeal Committee in this case, responsible for determining the application
    for leave to appeal.
- entity_name: Mr Justice Bokhary PJ
  reason: Presiding judge in this case, delivered the determination on behalf of the Appeal Committee.
- entity_name: Mr Justice Chan PJ
  reason: Served as member of the Appeal Committee in this case, responsible for determining the application
    for leave to appeal.
- entity_name: MO YUK PING
  reason: Applicant in this criminal miscellaneous proceeding, seeking leave to appeal against convictions
    for conspiracy to defraud and conspiracy to pervert the course of public justice.
- entity_name: HONG KONG SPECIAL ADMINISTRATIVE REGION
  reason: Respondent in this criminal proceeding, represented the prosecution in the case against the
    applicant.
