49 lines
2.7 KiB
YAML
49 lines
2.7 KiB
YAML
plaintiff:
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- MO YUK PING
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defendant:
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- HONG KONG SPECIAL ADMINISTRATIVE REGION
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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:
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- 香港特別行政區
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- Hong Kong Special Administrative Region
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case_reason: >-
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Applicant seeks leave to appeal to the Court of Final Appeal against her convictions for conspiracy
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to defraud and perverting the course of justice (CACC 26/2006).
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case_object:
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- criminal conviction
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- constitutional right to legal certainty
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- liberty
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judgment_result:
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- charge: Application for leave to appeal against conviction for conspiracy to defraud (Charge 2) (liability
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issue)
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result: Allowed. The Court granted leave to appeal limited to the certified point regarding whether
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the elements of the offence of conspiracy to defraud are sufficiently precise to satisfy the constitutional
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requirement of legal certainty.
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- charge: Application for leave to appeal against conviction for conspiracy to pervert the course of public
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justice (Charge 3) (liability issue)
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result: Dismissed. The Court refused to certify the applicant's additional points (2 to 5) and found
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no basis for leave to appeal on the 'substantial and grave injustice' ground, agreeing with the Court
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of Appeal's reasons for refusal.
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judgment_summary: >-
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Applicant Mo Yuk Ping sought leave to appeal convictions for conspiracy to defraud and perverting justice.
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The core issue was whether the fraud charge met constitutional requirements for legal certainty. The
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Court accepted the certified point on legal certainty as a matter of great importance. However, it rejected
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other points, finding the lower court's evidence assessment and factual findings were sound. Leave to
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appeal was granted only for the certified point on Charge 2.
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involved_entities:
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- entity_name: Mo Yuk Ping
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reason: The Applicant in this case, seeking leave to appeal against convictions for conspiracy to defraud
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and conspiracy to pervert the course of public justice.
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- entity_name: Hong Kong Special Administrative Region
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reason: The Respondent in this case, representing the prosecution.
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- entity_name: Chief Justice Li
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reason: Member of the Appeal Committee presiding over the application for leave to appeal.
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- entity_name: Mr Justice Bokhary PJ
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reason: Member of the Appeal Committee and the judge who delivered the determination in this case.
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- entity_name: Mr Justice Chan PJ
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reason: Member of the Appeal Committee presiding over the application for leave to appeal.
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- entity_name: Court of Appeal
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reason: The lower court that certified one point of law but refused to certify others, whose judgment
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is the subject of this leave application.
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