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 to the Court of Final Appeal against her convictions for conspiracy
  to defraud and perverting the course of justice (CACC 26/2006).
case_object:
- criminal conviction
- constitutional right to legal certainty
- liberty
judgment_result:
- charge: Application for leave to appeal against conviction for conspiracy to defraud (Charge 2) (liability
    issue)
  result: Allowed. The Court granted leave to appeal limited to the certified point regarding whether
    the elements of the offence of conspiracy to defraud are sufficiently precise to satisfy the constitutional
    requirement of legal certainty.
- charge: Application for leave to appeal against conviction for conspiracy to pervert the course of public
    justice (Charge 3) (liability issue)
  result: Dismissed. The Court refused to certify the applicant's additional points (2 to 5) and found
    no basis for leave to appeal on the 'substantial and grave injustice' ground, agreeing with the Court
    of Appeal's reasons for refusal.
judgment_summary: >-
  Applicant Mo Yuk Ping sought leave to appeal convictions for conspiracy to defraud and perverting justice.
  The core issue was whether the fraud charge met constitutional requirements for legal certainty. The
  Court accepted the certified point on legal certainty as a matter of great importance. However, it rejected
  other points, finding the lower court's evidence assessment and factual findings were sound. Leave to
  appeal was granted only for the certified point on Charge 2.
involved_entities:
- entity_name: Mo Yuk Ping
  reason: The Applicant in this case, 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: The Respondent in this case, representing the prosecution.
- entity_name: Chief Justice Li
  reason: Member of the Appeal Committee presiding over the application for leave to appeal.
- entity_name: Mr Justice Bokhary PJ
  reason: Member of the Appeal Committee and the judge who delivered the determination in this case.
- entity_name: Mr Justice Chan PJ
  reason: Member of the Appeal Committee presiding over the application for leave to appeal.
- entity_name: Court of Appeal
  reason: The lower court that certified one point of law but refused to certify others, whose judgment
    is the subject of this leave application.
