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 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 under Charge 3 (liability issue)
  result: Dismissed. Court of Appeal was right in refusing to certify points 2 to 5, no basis for leave
    to appeal on '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 under Charge 2
    (liability issue)
  result: Partially allowed. Time extended and leave to appeal granted, but limited to the certified point
    on whether elements of conspiracy to defraud are sufficiently precise to satisfy constitutional requirement
    of legal certainty. Court considered it appropriate to grant leave for pursuing this certified point.
judgment_summary: >-
  申请人莫玉萍就串谋诈骗罪及串谋妨碍司法公正罪定罪申请上诉许可。上诉法院已就串谋诈骗罪构成要件是否符合法律确定性的宪法要求发出证明书。终审法院审查证据采纳规则、法官指示必要性及上诉法院对原审法官裁断的解读等争议点。法院认为上诉法院正确拒绝就第2至5点发出证明书,该等争议在案情脉络下不成立或属明显法律原则,不符合「重大严重不公」标准。最终批准就已发证明书的法律确定性问题延长时间并准予上诉许可,但驳回就妨碍司法公正罪定罪的上诉许可申请。
involved_entities:
- entity_name: Chief Justice Li
  reason: 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, member of the Appeal Committee, authored the determination.
- entity_name: Mr Justice Chan PJ
  reason: 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 appeal case, convicted of conspiracy to defraud and conspiracy to
    pervert the course of public justice.
