41 lines
2.2 KiB
YAML
41 lines
2.2 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 Mo Yuk Ping seeks leave to appeal from her conviction for conspiracy to defraud, challenging
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the sufficiency of legal certainty regarding the elements of the offence.
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case_object:
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- leave to appeal
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judgment_result:
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- charge: Leave to appeal against conviction for conspiracy to pervert the course of public justice (liability
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issue)
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result: Dismissed. The Court of Appeal was right in refusing to certify this point, and there is no
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basis for leave to appeal on the 'substantial and grave injustice' ground.
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- charge: Leave to appeal against conviction for conspiracy to defraud (liability issue)
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result: Allowed. Leave to appeal has been granted to the applicant to pursue the certified point, which
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is limited to the question of whether the elements of the offence of conspiracy to defraud are sufficiently
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precise to satisfy the constitutional requirement of legal certainty.
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judgment_summary: >-
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In MO YUK PING v. HKSAR, Mo Yuk Ping appealed her convictions for conspiracy to defraud and perverting
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the course of public justice. The Court of Appeal certified only one point regarding the sufficiency
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of legal certainty in the conspiracy to defraud charge but dismissed other points. The court found no
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substantial and grave injustice warranting leave on un-certified points. Leave was granted to appeal
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on the certified point, affirming that the elements of conspiracy to defraud are sufficiently
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involved_entities:
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- entity_name: Chief Justice Li
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reason: Served as Chief Justice in this case, responsible for fact-finding and adjudication.
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- entity_name: Mr Justice Bokhary PJ
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reason: Served as Permanent Judge in this case, responsible for fact-finding and adjudication.
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- entity_name: Mr Justice Chan PJ
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reason: Served as Permanent Judge in this case, responsible for fact-finding and adjudication.
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- entity_name: MO YUK PING
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reason: Applicant in the case.
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- entity_name: HONG KONG SPECIAL ADMINISTRATIVE REGION
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reason: Respondent in the case.
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