34 lines
2.2 KiB
YAML
34 lines
2.2 KiB
YAML
plaintiff: []
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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: 香港特別行政區終審法院
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case_location:
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- 香港特別行政區
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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, cont拈摡
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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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本案涉及莫玉萍女士对因其涉嫌共谋欺诈而被判有罪的上诉申请。原告为莫玉萍，被告为香港特别行政区。案件核心在于是否允许莫玉萍就其共谋欺诈罪的定罪提出上诉，并针对四个争议点请求法院认证或授予上诉许可。法院分析了证据评估及法律适用问题，认为第2至5项争议点缺乏实质意义，拒绝认证这些争议点。最终，法院仅同意认证并授予莫玉萍就关于共谋欺诈罪构成要件不明确的争议点提出上诉的许可，并允许其基于重大不公正理由对其他争议点提起上诉。
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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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