何俊仁及杨森分别亲自陈词，其中何俊仁提到“即使有日支联会要解散、维园六四烛光晚会被禁，悼念精神仍会长存”，杨森则形容六四晚会被禁等情况令香港成为“无声国度”。辩方为其他被告求情就指，本案集会不影响他人使用维园权利，大部分人有做防疫措施，而部分被告角色轻微及被动，望判缓刑。
何俊仁：即使支联会解散悼念精神长存
今早求情阶段由何俊仁开始，他今无律师代表，亲自向法官胡雅文陈词。何俊仁先讲解支联会六四烛光晚会的历史和背景，简述六四天安门事件、远在千里之外的香港人亦投入当年运动的原因，并指支联会在往後30 年持续悼念六四，是因为“道德责任及香港人愿意担起的良心责任（moral commitment and conscientious duty willing to be taken up by the Hong Kong people），形容在人类历史上，从未试过有一个集会可连续30 年就同一主题、每年於同一晚举行。
就本案案情，何俊仁解释，案发当天政府以疫情为由禁止晚会举行，支联会无法如常在维园架设舞台及音响、安排义工管制人流，因此一众常委只可在网上直播在维园的象徵式悼念活动；虽然会方预计有人会自行到维园悼念，但由於没有音响，常委无法直接向散落在足球场的人士沟通，而支联会主席李卓人在场呼喊口号及唱歌，相信只是为了透过网站与维园外的港人联系。
何俊仁表示，自己除身为律师40 载，一直积极参与社会运动，称”这是我坚定的使命去推进民主，及维护人权和本港与祖国的法治“，强调不论在六四事件前後，从没打算移民，甚至在回归前拒绝申请英国护照。何俊仁指，虽然六四烛光晚会遭警方反对，但从历史和社会层面来看，支联会仍会继续举办晚会作为公民抗命的一环，也准备好承担法律後果，强调”即使有日支联会要解散、维园六四烛光晚会被禁，悼念精神仍会长存，烛光会在每年六四照亮香港人的心“。
何俊仁最後寄语港人，”我们必须保持乐观及抱有希望，等待改变之时到来，因我们相信，我们站在历史正确的一方，人类史的发展不会停步“。
杨森：六四是一生难忘悲剧本港将成”无声国度“
杨森今天同样没有法律代表，这是他近期在同类案件中第4 次亲自陈词。杨森在陈词开首便说，”六四屠城是我一生难忘的悲剧“，称自己每年六四晚上，必会参与支联会主办的维园六四烛光悼念集会。
杨森表示，六四维园烛光悼念集会有4 个重要意义，包括凝聚港人的公民意识和社群的身分认同，”虽然说六四烛光悼念集会是行礼如仪，但不自觉地在港人之间建立一种互相分享的信念，例如平反六四和追求民主、自由的信念“；多年来提供平台，让港人对八九民运遇难的同胞及家属加以援手，”令到当年痛失亲友的同胞於严冬之得到温暖和关怀“；作为各方检视一国两制落实的重要指标；以及象徵对六四事件”拒绝遗忘、保存历史真相和记忆“，有如德国就二战时期的犹太大屠杀事，建设纳粹历史博物馆。
杨森指出，最近两年集会已遭警方禁办，当局又用尽方法打压一些活跃的公民团体，例如已解散的民阵、处於解散边缘的教协及支联会等，认为”本港将成为一个无声的国度“，异见声音将被禁声，与香港一向多元化和开放的文化格格不入。
杨禁最後一度哽咽说：”六四烛光悼念集会，有可能从此被禁，可是自由花无论雨怎麽打，仍是会开花，但有一个梦不会死，记着吧，港人会继续寻觅民主和自由的梦“，并如对上三次一样表明”本人认罪，违反公安法，但不认错，亦不作求情“。
张文光由大学同学代表前运房局长撰求情信
其他被告均有大律师代表求情，其中张文光由就读中大新亚书院时的大学同学、大律称马汉璋代表，提及张文光在大学毕业後便成为小学教师，不久成为教育界立法会议员，对香港教育贡献良多，随後跟随已故支联会创办人及教协首任主席司徒华，担任教协主席超过廿载。辩方向法庭呈上5 封求情书，撰写人包括前运房局局长张炳良，指张文光任议员期间与官员沟通良好，对政改进程有贡献。
辩方指，张文光案发当日参与集会，只因当时仍是支联会常委，有责任出席，及希望追随司徒华的步伐燃点烛光悼念六四，而他在案中并无担当主要角色，没有站台发言，也没有派发爉烛，和应在场口号亦只是一如过往30 年晚会的做法，一直和平参与不涉暴力。
辩方指集会不影响他人权利部分被告角色被动
代表陈皓桓及梁国雄的大律师黄宇逸表示，本案对於交通的影响，与一般大型集会出现的情境无异，与集会的性质是否获批并无关系；另外案发时维园足球场已因疫情关闭，各人进入集会并不影响他人的权利，而且本案仅历时46 分钟，比起过往长约2 小时的烛光晚会短，最终参与人数只有2 万人，并非原本申请集会时预计的10 万人。
代表尹兆坚及麦海华的资深大律师夏伟志就指，大多数人在本案集会，均有尽责带口罩，更有人鼓励参与者保持社交距离，而且根据欧洲人权法案，法庭不应对只牵涉和平集会的被告判囚。尹与麦两人均有良好品格，对社会贡献良多，因此法庭如认为两人需判囚的话，可考虑判缓刑。
至於郭永健、赵恩来、梁国华及何秀兰，辩方均指他们对社会有贡献，例如郭永健成功向政府争取实施各大厦须设置火警钟、赵恩来透过成立”全港业主反贪腐反围标大联盟”令两宗涉围标案终带到法庭认罪判刑、梁国华亦有多次参与中国赈灾活动，及协助本港老弱和少数民族；此外4 人在本案中角色轻微及被动，望判缓刑。
何俊仁陈词全文（英文）：「我们会保持希望，等待时代转变」
何俊仁今日在庭上承认煽惑未经批准集结罪，及明知而参与未经批准集结两罪，他其後亲自陈情。他在陈词中提到，「未来即使支联会解散，维园六四烛光晚会被禁，悼念的精神仍会跟每年六四香港人心中燃起的烛光共存。我们会保持希望，等待时代转变，因为我们相信，我们站在历史正确的一方，而人类历史发展不会止步。」
Your Honour,
I am the 2nd Defendant in this case, which is in respect of the candle light vigil held in Victoria Park (“the Park”) on June 4th 2020. As the Deputy Chairperson of the Hong Kong Alliance in Support of the Patriotic Democratic Movement of China (“the Hong Kong Alliance”) responsible for holding the Assembly, I have pleaded guilty to the charge against me. I think I am obliged to provide a comprehensive narrative of the history of the June 4th candle light vigils during the past 30 years to provide the factual background for your Honour to make the necessary decision.
The relevant history originated in May and June 1989 during the outbreak of the democracy movement in Beijing. At that time, a massive social movement was initiated by the students, who were joined by thousands of citizens, and conducted in a peaceful and rational manner: including various assemblies and marches. The objective of the movement was to protest against corruption and demand for democracy.
The movement was eventually put to an end by the Chinese Government which sent troops into Beijing City on the mid-night of June 4th, resulting in the bloody suppression of the people who were then protesting peacefully on the streets in Beijing.
Why did Hong Kong, then a British Colony situated thousands of miles away at the periphery of the Country get so much involved in the 1989 Democracy Movement? The answer is simple and straight forward: Hong Kong People who were about to reunite with our Mother Country, did cherish the aspiration that she would move forward to become a free and democratic Nation. They were also deeply moved by the sincere and altruistic spirit of the Beijing students, so that was why they rose spontaneously to support the Democratic Movement. For the period from 21st May to 4th June, many Hong Kong citizens had taken part in at least three massive processions, each participated by over 1 million people. At the same time, there were hundreds of Hong Kong students and citizens, joined by reporters, personally attending the Tiananmen Square in Beijing to support the Beijing students. The Hong Kong Alliance was spontaneously formed by various local social organizations for the purpose of preparing and organizing the processions and assemblies in Hong Kong. In that period, public events and actions took place nearly every day, the organizers and the participants maintained very good communication and co-operation with the police and there was no worry that there might be any breach of the laws regulating public order and security, leading to prosecution.
Why did the Hong Kong Alliance still continue to commemorate June 4th and demand the vindication of the 1989 Democracy Movement persistently after the suppression of the Movement in 1989. In short, it is due to the moral commitment and conscientious duty willing to be taken up by the Hong Kong People. There are three important pertinent facts:
(1) In 1989, the Hong Kong persons who took to the street to support the Beijing Students’ Movement were motivated by a simple and genuine patriotic spirit and affection for their Chinese compatriots. We felt we were spiritually and emotionally connected with our patriotic brothers and sisters. When the Hong Kong participants personally witnessed, through watching the media broadcasts, the bloody suppression on June 4th, they were all sadly outraged. They won’t forget this piece of history, which is why they felt morally obliged to pass on to the younger generations through collective memories, to ensure that our People will not suffer from amnesia about history.
(2) On the eve of June 4th during the bloody suppression, many Hong Kong citizens and students were staying together with the crowds of civilians staging peaceful protests on the Beijing streets. They were shocked to see the sudden shooting by the troops at the peaceful and unarmed civilians. Many civilians were shot and collapsed. However instead of dispersing due to fear, the Beijing people stayed together to form a human shield wall to protect the Hongkongers. According to the testimonies made by the Hong Kong students and reporters present at the vicinity, the Beijing citizens cried and urged with tears, begging the Hong Kong People to return to Hong Kong safely and to tell the truth of what had happened that night to the whole world namely that our government slaughtered her own people. Those people returned to Hong Kong with tears, bearing their conscientious commitment to bring the truth back to Hong Kong in order to relay it to the whole world. How could our People renege on their promise and forget their commitment?
(3) During the last 30 years, we, the Hong Kong People, have delivered our on moral commitment by protecting the historic truth of June 4th and preventing its being distorted, whitewashed or forgotten.
In the Mainland, open discussion of June 4th has always been forbidden in the public arena. Therefore. the historical question of “right” or “wrong” about the 1989 Democracy Movement has been left in the shadow of silence, as if the whole nation is suffering from amnesia about June 4th. On the other hand, in this small city of Hong Kong, we speak as the conscience for the whole nation, protect the truth of history and the dignity of the People.
During the past 30 years, the Hong Kong Alliance has this conscientiously undertaken the role of protecting the truth of June 4th, together with Hong Kong residents. For this, we set up the June 4th Museum, organized seminars and different forms of commemorative activities, amongst which the most prominent was the June 4th candle light vigil held annually with the widest support of many participants. According to the public record, for 30 years from 1990 – 2019, the candle light vigil was invariably held on June 4th every year in the Victoria Park even when there were heavy rain or storms. The number of participants every year varied from several tens of thousands to about two hundred thousand. Every time, the vigil was conducted peacefully and orderly, never causing any threat to public safety or disruption of public order.
It has been said that in the recorded history of mankind, there has never been so many people who have persisted for such a long period (i.e. 30 years) in gathering for a public assembly on the same evening (i.e. June 4th) every year at the same venue for the purpose of speaking truth to power.
In the year 2020, the government for the first time since 1989 objected to the holding of the June 4th vigil at the Victoria Park for the reason of seeking to prevent the spread of the new covid-19 infection. After failing in the appeal against the police decision, the Executive Committee decided not to organize the candle light vigil in the way it did in the past, simply because we were unable to install the sound system and the big screen together with the stage platform and also could not organize a team of volunteer workers of 300 – 500 persons, which rendered us unable to exercise effective crowd control for a large-scale mass gathering. The Executive Committee therefore decided to conduct a simple commemorative activity on our own that evening at the Victoria Park in the most symbolic way and connect with the Hong Kong People on line in real time. At that time, we anticipated that even though we decided not to hold the massive commemorative event in the Park as usual, there would probably be some people attending the Park to commemorate June 4th on their own. That was exactly what happened on that evening.
There was no effective sound system on that evening, therefore the Executive Committee was unable to directly communicate or interact with most of the persons scattered around the football pitches. Although our Chairperson Lee Cheuk Yan did shout slogans and sang, he did it mainly for the purpose of connecting instanteously with the People outside the Park or even outside Hong Kong via the internet. Strictly speaking, any interaction between the Executive Committee members of the Hong Kong Alliance with participants inside the Park took place spontaneously without any prior planning.
In conclusion, it is admitted the commemorative activities, or gathering that took place on June 4th was against the Public Order Ordinance due to the failure to obtain a notice of no objection by the Police. (This scheme is presently subject to a constitutional challenge in the Court of Appeal but I do not intend to mount during this hearing). However, we were driven by our consciences and moral commitment to make our best endeavours to maintain this historic tradition of commemorating June 4th, remembering the lesson of history and speaking truth to power.
Your Honour, apart from engaging in my legal practice as a lawyer during the last 40 years, I have also devoted myself to a political career (as a legislator) and to the social movement. It is my firm commitment to promote democracy and uphold human rights and the Rule of Law in Hong Kong, as well as in my Mother Country. I had experienced the decolonization process during the transition period of Hong Kong’s return to her Mother Country. Before and after the June 4th suppression, I as a democracy fighter together with many others, decided not to emigrate and even declined to apply for a British passport under the British Nationality Scheme offered by the retreating colonial power.
Your Honour, on June 4th in the year 2020, we including some Defendants having pleaded guilty to the charge, had only sought to exercise our fundamental freedom to commemorate June 4th, as motivated by our conscience and moral courage. We did admit that we had failed to comply with certain legal requirements by failing to obtain a notice of no objection from the Police. In the historical and social background and context as stated above, we engaged in an act of civil disobedience and are willing and prepared to accept the legal consequences arising therefrom. In the times to come even if the Hong Kong Alliance were to be disbanded and June 4th candle vigil at Victoria Park banned, the commemorate spirit still survives with the candle light illuminated in the hearts of the Hong Kong People on June 4th every year.
We shall remain positive and hopeful, waiting for change in the times to come, because we believe we are on the right side of history and the development of human history will not stop.
Your Honour, we respect your legal responsibility as the judge to sentence me and others. I am not asking for leniency for the purpose of mitigation, but I do hope and expect that the length of the sentence should be just and fair and proportionate, in the light of the historical background stated above and in light of the fact that the June 4th event was peaceful and orderly. Further, in view the similar nature of the sentences I am presently serving in prison, I would also respectfully ask your Honour to consider applying the totality principle.
Much obliged, your Honour.
HO CHUN YAN
