52 lines
3.0 KiB
YAML
52 lines
3.0 KiB
YAML
plaintiff:
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- MO YUK PING
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defendant:
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- HONG KONG SPECIAL ADMINISTRATIVE REGION (HKSAR)
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case_reason: Application for leave to appeal from the Court of Appeal regarding convictions for conspiracy to defraud and conspiracy to pervert the course of public justice, with particular focus on whether the elements of conspiracy to defraud satisfy constitutional requirements of legal certainty.
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judgment_summary: The Court of Final Appeal's Appeal Committee heard an application for leave to appeal from the Court of Appeal's judgment. The applicant had two convictions - conspiracy to defraud (Charge 2) and conspiracy to pervert the course of public justice (Charge 3). The Court of Appeal had certified one point regarding legal certainty of conspiracy to defraud elements but refused to certify four other points. The Appeal Committee granted leave to appeal only for the certified point concerning whether conspiracy to defraud elements are sufficiently precise to satisfy constitutional requirements of legal certainty. Leave was refused for the conviction of conspiracy to pervert the course of public justice and for all other grounds including the "substantial and grave injustice" ground.
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jurisdiction_code: HKCFA
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jurisdiction_name: Court of Final Appeal of the Hong Kong Special Administrative Region
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case_location: Hong Kong Special Administrative Region
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case_object:
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- Criminal convictions for conspiracy to defraud
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- Criminal convictions for conspiracy to pervert the course of public justice
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judgment_result:
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- charge: Application for leave to appeal on certified point regarding legal certainty of conspiracy to defraud
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result: Granted
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- charge: Application for leave to appeal against conspiracy to pervert the course of public justice conviction
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result: Refused
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- charge: Application to certify points 2 to 4
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result: Refused
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- charge: Application for leave on "substantial and grave injustice" ground
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result: Refused
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involved_entities:
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- entity_name: Court of Appeal
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reason: Lower court that issued the judgment being appealed, certified one point but refused to certify four other points
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- entity_name: Chief Justice Li
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reason: Member of the Appeal Committee hearing the application
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- entity_name: Mr Justice Bokhary PJ
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reason: Permanent Judge who delivered the determination for the Appeal Committee
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- entity_name: Mr Justice Chan PJ
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reason: Member of the Appeal Committee hearing the application
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- entity_name: Ms Clare Montgomery QC
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reason: Queen's Counsel representing the applicant
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- entity_name: Ms Po Wing Kay
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reason: Counsel representing the applicant, instructed by W M Lo & Co.
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- entity_name: W M Lo & Co.
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reason: Law firm instructing counsel for the applicant
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- entity_name: Mr Kevin P Zervos SC
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reason: Senior Counsel representing the respondent from Department of Justice
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- entity_name: Ms Winnie Ho
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reason: Counsel representing the respondent from Department of Justice
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- entity_name: Department of Justice
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reason: Government department representing the respondent (HKSAR)
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