AN aide to a Legislative Councillor and a district board member were yesterday convicted of unlawful assembly following a June 4 protest outside the New China News Agency. Defence counsel Martin Lee Chu-ming QC, a Legislative Councillor, was last night considering whether or not to lodge an appeal. Magistrate Alan Wright dismissed arguments that the right to peaceful assembly sanctioned by the Hongkong Bill of Rights revoked section 18 of the Public Order Ordinance, which makes unlawful assembly a crime. Richard Choi Yiu-cheong, 25, aide to legislator Lau Chin-shek, and Wong Tai Sin District Board member Andrew To Kwan-hang, 27, had denied the summons of unlawful assembly laid against them following a protest which went on into the early hours of June 5 last year. A third defendant, Hongkong University student Monina Wong Ching-man, 22, was found not guilty. The three took part in a protest on the night of June 4 to commemorate the Tiananmen Square massacre. The action was not considered unlawful until a police cordon was stormed to enable a demonstration outside the NCNA. About 30 police officers were injured in the melee. Mr Wright said that in view of To's and Choi's interest in the community he was considering punishing the pair with an order to perform community service. He adjourned the case until August 19 to await a report on such service. To and Choi, both of whom are former secretaries-general of the Hongkong Federation of Students, said they were considering whether to appeal. After the trial in Eastern Court, Mr Lee said: ''Of course I'm disappointed. ''As a result of this challenge, on the fourth anniversary of the fourth of June, a couple of weeks ago, the police did not set up a cordon and there was nothing [untoward incident. It is not necessary in a democratic society.'' He added that the three defendants had thought it proper to ''exercise their constitutional right'' to challenge the law. Student supporters who crowded the court room during the hearing, later went to Government House for a peaceful protest against the convictions. About 30 people unfurled banners and handed a petition to police at the main gate before dispersing peacefully. The five-day hearing, which began on June 2, had been adjourned for a week while Mr Wright considered the evidence and extensive Bill of Rights arguments. During the hearing, Mr Lee had claimed that by cordoning off the area outside the NCNA, the police had been acting unlawfully and that the defendants were justified in storming the police line to exercise their right to peaceful assembly. Announcing his verdict, Mr Wright said: ''It can't be said logically or legally that there is any conflict or inconsistency between (section 18 of the Public Order Ordinance and article 17 of the Bill of Rights). ''Section 18 has not been repealed.'' He said he considered it had been ''entirely lawful'' for the police to establish the cordon. Although not satisfied that Wong had played a significant part in the unlawful assembly, he considered To had been clearly captured on video footage of television news broadcasts. Meanwhile, oral evidence and a submitted witness statement clearly implicated Choi, he said. In mitigation, Mr Lee said: ''The role of these two defendants was understandable. Leaders were expected not to find themselves as by-standers.'' He said student movements in Hongkong were very mild compared with say Korea and there was no evidence To and Choi had caused any injury to police. The storming of the cordon was ''done for the sake more of fun than out of malice or with any intention to injury'', he said. A fourth defendant, part-time actor Chan Sau-sum, 39, who had been represented by defence counsel Eric Kwok, agreed shortly after the trial began to be bound over to keep the peace. Senior Assistant Crown Prosecutor Arthur Luk offered no evidence on the summons Chan faced of unlawful assembly and stealing a chief superintendent's beret.