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 Mo Yuk Ping seeks leave to appeal to Court of Final Appeal against her convictions for conspiracy
  to defraud and conspiracy to pervert course of public justice.
case_object:
- conviction for conspiracy to defraud
- conviction for conspiracy to pervert course of public justice
judgment_result:
- charge: Leave to appeal on certified point regarding constitutional adequacy of conspiracy to defraud
    elements (liability issue)
  result: Allowed. Court grants leave to appeal for pursuing the point certified by the Court of Appeal,
    extends time and grants applicant leave to appeal to the Court of Final Appeal.
- charge: Leave to appeal on points 2-4 (certification requests regarding co-conspirator evidence issues)
    (liability issue)
  result: Dismissed. Court held that Court of Appeal was right in refusing to certify these points; context
    was straightforward (point 2), point 3 did not arise on the evidence, and point 4 did not arise because
    trial judge made the relevant findings.
- charge: Leave to appeal on 'substantial and grave injustice' ground (liability issue)
  result: Dismissed. Court found no basis for leave to appeal on this ground.
- charge: Leave to appeal against conviction for conspiracy to pervert the course of public justice (Charge
    3) (liability issue)
  result: Not granted. Applicant does not have leave to appeal against this conviction.
- charge: Leave to appeal against conviction for conspiracy to defraud (Charge 2) limited to legal certainty
    question (liability issue)
  result: Granted. Applicant has leave to appeal against this conviction, limited to the question of whether
    the elements of conspiracy to defraud are sufficiently precise to satisfy constitutional requirement
    of legal certainty.
judgment_summary: >-
  Applicant Mo Yuk Ping applied for leave to appeal against convictions for conspiracy to defraud and
  conspiracy to pervert the course of public justice. Court allowed leave limited to the constitutional
  question of legal certainty for the conspiracy to defraud conviction, holding the Court of Appeal correctly
  certified this point. Leave was dismissed on points 2-4 concerning co-conspirator evidence, as context
  was straightforward, evidence did not raise the issues, and trial judge made relevant findings. No basis
  existed for substantial injustice ground, and no leave granted for the perverting justice conviction.
  Appeal proceeds only on legal certainty question.
involved_entities:
- entity_name: Chief Justice Li
  reason: Presiding as Appeal Committee member in Court of Final Appeal, hearing application for leave
    to appeal in FAMC No. 2 of 2007.
- entity_name: Mr Justice Bokhary PJ
  reason: Presiding Permanent Judge who delivered the determination in this case, analyzing the Court
    of Appeal's judgment and the five certification questions raised by the applicant.
- entity_name: Mr Justice Chan PJ
  reason: Presiding as Appeal Committee member in Court of Final Appeal, participating in the determination
    of this application for leave to appeal.
- entity_name: MO YUK PING
  reason: Applicant in this criminal miscellaneous proceedings, applying for leave to appeal against her
    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 miscellaneous proceedings, the government's legal entity opposing
    the applicant's appeal.
