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 against her conviction for conspiracy to defraud, challenging
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the sufficiency of legal certainty in 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: Refusal to certify points 2 to 5 (liability issue)
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result: Disallowed. The Court of Appeal's reasons were that the context was plain and straightforward,
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point 3 did not arise as the trial judge made relevant findings, point 4 was obvious and did not require
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certification, and point 5 merely went to a complaint about the appellate court's analysis.
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- charge: Granting leave to appeal for the certified point (liability issue)
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result: Allowed. The Court granted leave to appeal to the Court of Final Appeal on the certified point
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regarding the constitutional requirement of legal certainty in relation to the offence of conspiracy
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to defraud.
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judgment_summary: >-
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In MO YUK PING v. HKSAR, Mo Yuk Ping appealed against her conviction for conspiracy to defraud, challenging
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legal certainty in the offence's elements. The Court of Appeal refused certification for points 2 to
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5, deeming them unnecessary or obvious. However, it granted leave to appeal on point 3 regarding the
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constitutional requirement of legal certainty. The judgment was based on the clarity of the trial judge’s
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findings and the sufficiency of evidence.
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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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