THE Court of Appeal yesterday reserved its decision on whether a district board member and an aide to legislator Lau Chin-shek were rightly convicted of unlawful assembly. Wong Tai Sin District Board member Andrew To Kwan-hang, 28, and aide Richard Tsoi Yiu-cheung, 25, were found guilty of the offence following a confrontation with police outside the Xinhua (New China News Agency) building just after midnight on June 5, 1991. The incident happened when protesters decided to storm a police cordon which barred them from demonstrating in front of the building in Happy Valley. It followed a rally in Victoria Park in memory of the Tiananmen Square crackdown. Tsoi and To, who were each sentenced by magistrate Alan Wright to 160 hours' community service, lodged an appeal against their conviction on the grounds that the law which created the crime of unlawful assembly should be struck off because it contravened the Bill of Rights. They also said there was no evidence to show that anyone at the scene feared a breach of the peace would be committed, an element needed to prove the offence. The Crown, however, argued the Bill of Rights guaranteed only a right of peaceful assembly and not an unlawful one. The evidence before the court clearly had established that the protesters had created a reasonable fear there would be a breach of the peace, it was submitted. The Appeal Court comprised Vice-President Mr Justice Macdougall, Mr Justice Litton and Mr Justice Bokhary.