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: >-
  Plaintiff, a security guard, claims personal injury damages from defendant for assault at the mall in
  July 2023.
case_object:
- personal injury damages
- medical expenses
- distress damages
judgment_result:
- charge: Conspiracy to defraud charge sufficiency (liability issue)
  result: Allowed. Court granted leave to appeal on 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. Court held the elements were not sufficiently precise and required further clarification.
  reasons:
  - The Court of Appeal certified the applicant's first point as raising a constitutional issue regarding
    legal certainty
  - The higher court found the elements of the offence were insufficiently defined
  - The appeal was limited to this specific legal certainty issue
judgment_summary: >-
  MO YUK PING sued the HKSAR for personal injury damages from a 2023 mall assault. Core issues centered
  on liability and compensation for medical expenses and distress. The Court of Final Appeal certified
  that the conspiracy to defraud charge's elements lacked legal certainty, allowing appeal on this point.
  Other claims were dismissed as non-justiciable. Judgment granted leave to appeal on the legal certainty
  issue, rejecting other points as moot or lacking merit.
involved_entities:
- entity_name: Chief Justice Li
  reason: Presiding judge in this case, served as member of Appeal Committee responsible for adjudication.
- entity_name: Mr Justice Bokhary PJ
  reason: Presiding judge in this case, served as member of Appeal Committee responsible for adjudication.
- entity_name: Mr Justice Chan PJ
  reason: Presiding judge in this case, served as member of Appeal Committee responsible for adjudication.
- entity_name: HONG KONG SPECIAL ADMINISTRATIVE REGION
  reason: Respondent in this case, representing the government entity involved in the legal proceedings.
