Michael Blanchflower, S.C.

Practice

Michael specializes in criminal law and human rights law. He has considerable experience in trials and appeals in the courts of Hong Kong, in particular: complex fraud cases, proceeds of crime (money laundering, restraint and confiscation orders), bribery, regulatory and securities offences, extradition, mutual legal assistance, as well as general crime.

He is General Editor of Archbold Hong Kong: Criminal Law, Pleading, Evidence & Practice.

Michael has been counsel in appeals in the Court of Final Appeal, Privy Council and Supreme Court of Canada, and has lectured professionals and presented papers in Hong Kong and overseas on proceeds of crime, organized crime, extradition and mutual legal assistance.

From September 1978 to March 1986 he was a counsel in the Criminal Law Section of the Federal Department of Justice (Canada), doing prosecutions and appeals, extradition and mutual legal assistance, and advising on criminal law policy.

From April 1986 to August 2002 he was a counsel in the Department of Justice, Hong Kong Government, doing prosecution and appeals, extradition and mutual legal assistance, and administrative and constitutional law matters.  From 1991 to 1993 he was Assistant Solicitor General of Hong Kong, and assisted in the drafting of the Organized and Serious Crimes Ordinance (Cap.455).

In September 2002 he commenced private practice and he does predominantly criminal defence work.

Notable Cases

Court of Final Appeal

HKSAR v Fan Cho Man (FACC Nos 6 and 8/2010) – Shanghai Land – trial judge’s mis-application of the co-conspirators rule

  1. B v ICAC (2010) 13 HKCFAR 1 – territorial jurisdiction of s.9 of Prevention of Bribery Ordinance (Cap.201)
  2. Solicitor and Law Society of Hong Kong and Secretary for Justice (2003) 6 HKCFAR 570 – constitutionality of the finality provision in s.13(1) Legal Practitioners Ordinance (Cap.159)
  3. HKSAR v Shum Kwok Sher (2002) 5 HKCFAR 381 – common law offence of misconduct in public office
  4. HKSAR v Lau Cheong and Lau Wong (2002) 5 HKCFAR 415 – constitutionality of the grievous bodily harm rule in definition of murder, and mandatory life imprisonment
  5. HKSAR v Ewan Launder (2001) 4 HKCFAR 457 – application of proviso in a bribery prosecution

Court of Appeal

  1. HKSAR v Chan Kau Tai [2006] 1 HKLRD 400 – test for the exclusion of evidence obtained as a result of a breach of a defendant’s right to privacy
  2. HKSAR v Leung Kwok Hung & Others [2004] 3 HKLRD 729 – right to freedom of assembly and the Police Commissioner’s authorization to assemble

Court of First Instance

  1. Pang v Commissioner of Police [2002] 4 HKC 579 - legal professional privilege to s.25A of the Organized and Serious Crimes Ordinance (Cap. 455) (duty to report suspicious property)

Trials

  1. HKSAR v Garth Hochung (DCCC 1035/2010) – defended a corporate service provider who was charged with money laundering
  2. HKSAR v Gong Beiyung and Others (DCCC 980/2006) – Shanghai Land - defended a solicitor charged with other professionals with conspiracy to defraud the Stock Exchange.  Trial lasted 100 days in the District Court
  3. HKSAR v Tse Sui-luen and Others (DCCC 350/2006) – TSL Jewelery - defended a CEO charged with others with conspiracies to offer bribes false accounting, and conspiracy to defraud the Inland Revenue Department.  Trial lasted 100 days in the District Court
  4. HKSAR v Fu Chu-kan and Others (HCCC 134/2004) – Gold Wo International - defended an accountant charged with conspiracy to defraud investors the Stock Exchange.  Trial lasted 250 days in the High Court with judge and jury

Privy Council

  1. Government of the U.S.A. v Liangsiriprasert [1991] 1 AC 225 – jurisdiction of courts over conspiracies entered into abroad

Supreme Court of Canada

  1. Schmidt v The Queen (1987) 33 CCC (3d) 193; Republic of Argentina v Mellino; USA v Allard and Charette (1987) 33 CCC (3d) 501 – application of the Canadian Charter of Rights and Freedoms to extradition

Fiji

  1. Fiji Independent Commission Against Corruption v Qarase (High Court Case 27/2009; and appeal, Criminal Appeal No 6/2012 – corruption case involving the former Prime Minister of Fiji

Call

2001 – Appointed as a Senior Counsel in Hong Kong
2002 – Admitted as a Barrister in Hong Kong
1978 – Admitted as a Barrister and Solicitor in British Columbia, Canada
1978 – Admitted as a Barrister and Solicitor in the Yukon Territory,           Canada

Accreditation


Fellow of the Chartered Institute of Arbitrators

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