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 the Court of Final Appeal against her convictions for
  conspiracy to defraud (Charge 2) and conspiracy to pervert the course of public justice (Charge 3),
  with the Court of Appeal having certified a question regarding whether the elements of conspiracy to
  defraud are sufficiently precise to satisfy the constitutional requirement of legal certainty.
case_object:
- leave to appeal against conviction for conspiracy to defraud
- leave to appeal against conviction for conspiracy to pervert course of public justice
- certified question on legal certainty of conspiracy to defraud offence
judgment_result:
- charge: Leave to appeal against conviction for conspiracy to pervert the course of public justice (Charge
    3) (liability issue)
  result: Dismissed. Court held the applicant does not have leave to appeal against this conviction; no
    basis found for leave to appeal on the 'substantial and grave injustice' ground.
- charge: Leave to appeal against conviction for conspiracy to defraud (Charge 2) (liability issue)
  result: Allowed in part. Court granted leave to appeal limited to the question of whether the elements
    of conspiracy to defraud are sufficiently precise to satisfy the constitutional requirement of legal
    certainty; time extended for pursuing this certified point.
- charge: Certification of Points 2-4 (liability issue)
  result: Dismissed. Court of Appeal's refusal to certify these points was upheld; context was plain for
    point 2, point 3 did not arise on the evidence relied upon, and point 4 did not arise as the trial
    judge made the relevant findings.
- charge: Leave to appeal on 'substantial and grave injustice' ground for pursuing substance of complaint
    under Point 4 (liability issue)
  result: Dismissed. No basis found for leave to appeal in this case on the 'substantial and grave injustice'
    ground.
- charge: Leave to appeal on 'substantial and grave injustice' ground for pursuing complaints regarding
    trial judge's reasons and Court of Appeal's inference methodology (liability issue)
  result: Dismissed. Court declined to grant leave to appeal on this ground; point 5 was considered obvious
    and merely went to an alleged error in analysis of trial judge's reasoning.
judgment_summary: >-
  Mo Yuk Ping sought leave to appeal to the Court of Final Appeal against convictions for conspiracy to
  defraud and conspiracy to pervert the course of public justice. The core issues were whether the offence
  of conspiracy to defraud satisfies the constitutional requirement of legal certainty (certified question),
  and whether points 2-4 regarding admissibility of co-conspirator evidence, judicial directions, and
  appellate inference methodology should be certified. The Court found point 2's context was plain and
  straightforward, point 3 did not arise on the evidence relied upon, and point 4 did not arise as the
  trial judge made the relevant findings. Point 5 was obvious and merely addressed an alleged error in
  analysis. Leave to appeal was granted limited to the certified legal certainty question; time was extended
  accordingly. All other applications including the 'substantial and grave injustice' grounds were dismissed.
involved_entities:
- entity_name: Chief Justice Li
  reason: Presiding as member of the Appeal Committee in this Court of Final Appeal case.
- entity_name: Mr Justice Bokhary PJ
  reason: Presiding Permanent Judge who delivered the determination in this case, articulating the Court's
    reasoning on the certified point and points 2 to 5.
- entity_name: Mr Justice Chan PJ
  reason: Presiding as member of the Appeal Committee in this Court of Final Appeal case.
- entity_name: MO YUK PING
  reason: Applicant in these proceedings, 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 these criminal proceedings, opposing the applicant's application for leave to
    appeal.
- entity_name: Court of Appeal
  reason: Lower court whose judgment resulted in the applicant retaining two convictions, and which certified
    one point regarding the constitutional requirement of legal certainty for conspiracy to defraud.
