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 the Court of Appeal's decision (CACC 26/2006) regarding her
  convictions for conspiracy to defraud and conspiracy to pervert the course of public justice.
case_object:
- leave to appeal against conviction
- constitutional challenge to legal certainty of conspiracy to defraud
- substantial and grave injustice ground
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 satisfy the constitutional requirement of legal
    certainty. The Court extended time for the application and found it appropriate to allow the pursuit
    of this specific legal question.
- 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 (points 2 to 5) and
    found no basis for leave to appeal on the 'substantial and grave injustice' ground. The Court agreed
    with the Court of Appeal's reasons that the points were either straightforward, did not arise on the
    facts, or were obvious.
judgment_summary: >-
  Mo Yuk Ping sought leave to appeal convictions for conspiracy to defraud and conspiracy to pervert the
  course of public justice. The Court focused on whether the elements of conspiracy to defraud satisfy
  constitutional legal certainty. While granting leave on this certified legal point, the Court rejected
  other grounds, finding no substantial and grave injustice. It held that remaining points were either
  obvious or factually inapplicable. Leave to appeal was granted for Charge 2 only.
involved_entities:
- entity_name: Chief Justice Li
  reason: Presiding judge on the Appeal Committee of the Court of Final Appeal responsible for determining
    the application for leave to appeal.
- entity_name: Mr Justice Bokhary PJ
  reason: Presiding judge on the Appeal Committee of the Court of Final Appeal who delivered the determination
    of the court.
- entity_name: Mr Justice Chan PJ
  reason: Presiding judge on the Appeal Committee of the Court of Final Appeal responsible for determining
    the application for leave to appeal.
- entity_name: Mo Yuk Ping
  reason: The applicant in this criminal proceeding seeking leave to appeal against convictions of conspiracy
    to defraud and conspiracy to pervert the course of public justice.
- entity_name: Hong Kong Special Administrative Region
  reason: The respondent in this criminal proceeding, representing the prosecution.
- entity_name: Court of Appeal
  reason: The lower appellate court that upheld the applicant's convictions and certified one point of
    law while refusing others, whose judgment is the subject of this leave application.
