Occupy protester's defence 'undermined' as Hong Kong magistrate changes charge at the last minute

A magistrate yesterday convicted an Occupy protester after amending the charge he faced at the last minute - which a lawyer argued undermines the cornerstone of the original defence.

Eastern Court Magistrate Lee Siu-ho convicted Law Cheuk-yung, 18, of causing disorder in a public place, even though the Form Six student had been facing a charge of unlawful assembly.

Barrister Albert Luk Wai-hung said: "This could undermine the cornerstone of the defence the trial counsel made for the original charge."

The court heard the magistrate informed both prosecutor Francis Cheng and Law's counsel Randy Shek that he intended to change the charge, after Shek argued in his closing summary that his client should be acquitted of unlawful assembly because Law was not close to other protesters during the alleged offence.

Before handing down the verdict, Lee cited section 27 of the Magistrates Ordinance, which states a magistrate can amend defects and variances in complaints, information and summonses before him that are not material.

"This is to fill a hole when the prosecution evidence did not suffice," Shek responded, adding that the change Lee proposed was material.