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 her conviction for conspiracy to defraud, challenging
  its legal certainty under the constitutional requirement, from CACC No. 26 of 2006.
case_object:
- conviction for conspiracy to defraud
- constitutional certainty of offence elements
judgment_result:
- charge: Application for leave to appeal against conviction for conspiracy to defraud (Charge 2) (liability
    issue)
  result: "Partially allowed. Leave to appeal granted limited to the certified point: whether the elements\
    \ of the offence of conspiracy to defraud are sufficiently precise to satisfy the constitutional requirement\
    \ of legal certainty. Court considered the Court of Appeal's certification appropriate and granted\
    \ leave for that purpose."
- charge: Application for leave to appeal against conviction for conspiracy to pervert the course of public
    justice (Charge 3) (liability issue)
  result: Dismissed. Court found no basis for leave on the 'substantial and grave injustice' ground and
    agreed with the Court of Appeal's refusal to certify points 2 to 5, as the context was straightforward
    and the points did not arise or were obvious.
judgment_summary: >-
  Mo Yuk Ping sought leave to appeal convictions for conspiracy to defraud and perverting justice. The
  core issue was whether conspiracy to defraud satisfies constitutional legal certainty. The Court granted
  leave solely on the certified point regarding legal certainty, finding the Court of Appeal's certification
  appropriate. Other points were dismissed as context was straightforward and points did not arise or
  were obvious.
involved_entities:
- entity_name: Chief Justice Li
  reason: Presiding judge in this case, serving as a member of the Appeal Committee of the Court of Final
    Appeal.
- entity_name: Mr Justice Bokhary PJ
  reason: Presiding judge in this case, delivering the determination as a member of the Appeal Committee
    of the Court of Final Appeal.
- entity_name: Mr Justice Chan PJ
  reason: Presiding judge in this case, serving as a member of the Appeal Committee of the Court of Final
    Appeal.
- entity_name: Mo Yuk Ping
  reason: Applicant in this case, the party 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 case, the prosecuting authority represented by the Secretary for Justice.
- entity_name: Court of Appeal of the Hong Kong Special Administrative Region
  reason: Lower appellate court that certified the first point and refused to certify points 2 to 5, whose
    judgment is under review in this leave application.
