3-MINUTE BAIL APPLICATION — BRIEF A (CASSIE CHU)
OPENING (≈15–20 seconds)
May it please the Court, I appear for Ms Chu to make a bail application.
Bail is opposed, and I will address directly the specific risks relied upon by the Prosecution and explain why they can be adequately managed by conditions.
STRONGEST POINT FIRST — RISK OF FLIGHT (≈45 seconds)
Your Worship, the central concern raised is that Ms Chu would fail to answer to bail.
The objective facts point strongly the other way. There are no substantial grounds to believe she would fail to surrender to custody.
Ms Chu is 20 years old, has lived in Hong Kong since early childhood, and is a full-time second-year university student. She resides at a fixed family address and her studies are ongoing. These are strong and concrete ties to the jurisdiction.
Importantly, Ms Chu has never attempted to abscond or leave the jurisdiction. She was arrested, brought before the court, and is here today answering the allegations.
(pause)
Any residual concern can be effectively addressed by strict travel-related conditions, which I will come to.
PRIOR FAILURE TO ATTEND — CONTROLLED DAMAGE (≈30 seconds)
Your Worship will have seen that Ms Chu failed to appear on a previous occasion. That is a matter I must address.
That incident occurred over two years ago, involved a minor matter, and the court did not record a conviction. There has been no repetition since.
It was an isolated lapse by a much younger person. The risk arising from that incident has not materialised again.
RISK OF REOFFENDING (≈25 seconds)
Turning to the concern of reoffending, Ms Chu has one prior conviction for possession of cannabis, dealt with by way of a fine.
There is no previous conviction for trafficking or similar offences. Since then, she has returned to full-time education, and there is no evidence of ongoing offending behaviour.
In my submission, there is no substantial risk of reoffending that cannot be addressed by bail conditions.
STRENGTH OF THE CASE — CAREFULLY FRAMED (≈20 seconds)
Your Worship, the Prosecution says they have a strong case. I do not seek to argue the merits.
Ms Chu intends to plead not guilty. Those matters are properly for trial. At this stage, the court’s focus is on risk, not guilt.
PERSONAL CIRCUMSTANCES (≈25 seconds)
Briefly, Ms Chu is financially dependent, has no independent assets or overseas commitments, and remains under the structure of full-time study.
Bail would allow her to continue her education and prepare her defence while remaining subject to the court’s supervision.
BAIL CONDITIONS — MUST HIT (≈50–60 seconds)
Your Worship, Ms Chu is able to offer strict and tailored bail conditions:
First, substantial cash bail.
Second, surrender of all travel documents with an undertaking not to leave Hong Kong.
Third, residence at the address on the charge sheet.
Fourth, regular reporting to a designated police station at times compatible with her studies.
Each of these conditions directly targets the Prosecution’s concern regarding attendance.
(Likely question: surety or curfew)
A surety or curfew is not necessary given the travel restrictions and reporting conditions. However, if the Court considers further protection necessary, Ms Chu will comply with a reasonable curfew.
CLOSING (≈10 seconds)
Unless I can assist the Court further, those are my submissions.
Cassie Chu — Bail Application (Bullet Form)
Opening (15–20 sec)
- “May it please the Court, I appear for Ms Chu to make a bail application.”
- Bail is opposed; will address Prosecution’s concerns and show how conditions manage them.
Flight Risk (45 sec)
- Main concern: failing to surrender to custody.
- Facts supporting bail:
- 20 years old, HK resident since age 2.
- Full-time 2nd-year Fashion Design student.
- Lives at fixed family address.
- No history of absconding; arrested and present in court.
- Residual concern can be addressed by strict travel conditions.
Prior Failure to Attend (30 sec)
- Missed court 2½ years ago (minor cannabis possession).
- Overslept after party; bail forfeited, no conviction recorded.
- Isolated lapse, no repetition; demonstrates risk is low.
Risk of Reoffending (25 sec)
- One prior conviction: possession of cannabis (fine).
- No trafficking or other similar offences.
- Returned to full-time studies; no evidence of ongoing offending.
- Risk of reoffending low and manageable with conditions.
Strength of Case (20 sec)
- Prosecution claims strong case (drugs found, Record of Interview).
- Ms Chu pleads not guilty.
- Court’s focus now is on risk, not guilt.
Personal Circumstances (25 sec)
- Financially dependent; no independent means.
- Stable family background: lives with parents, 5 siblings.
- Full-time student at HK College of Fashion.
- Career plan: eventually take over mother’s fashion company.
- Bail allows continuation of studies and preparation of defence.
Bail Conditions (50–60 sec)
- Cash bail: substantial amount, affordable due to parental allowance.
- Travel documents: surrender Canadian passport & China re-entry permit; undertake not to leave HK.
- Residence: at address on charge sheet.
- Reporting: once a week to police, evenings compatible with classes.
- Surety / curfew: not necessary, but will comply if Court requires.
- Conditions directly address risk of flight and ensure compliance.
Closing (10 sec)
- “Unless I can assist the Court further, those are my submissions.”
Bail Application – Magistrate Q&A (40 Questions)
1. Why should I grant bail given the seriousness of the charge?
A: Your Worship, bail is sought to secure attendance. The identified risks can be managed by appropriate conditions.
2. The Defendant has a previous drug conviction. Why should I trust her now?
A: Your Worship, it was a single conviction for herbal cannabis two years ago, with no re-offending since.
3. She has failed to answer bail before, hasn’t she?
A: Yes, Your Worship. That occurred 2½ years ago. Bail was forfeited and no conviction was recorded.
4. Why should I believe she will attend court this time?
A: Your Worship, she now has structured commitments as a full-time student and understands the consequences of non-attendance.
5. Isn’t her explanation for missing court previously irresponsible?
A: Your Worship, it reflects immaturity at the time. Her circumstances and level of responsibility have since changed.
6. The Prosecution says she is a flight risk due to wealth and foreign passport.
A: Your Worship, she has lived in Hong Kong since age two, studies here, resides here, and offers to surrender all travel documents.
7. Given her financial means, does cash bail really deter her?
A: Your Worship, forfeiture would still carry serious personal, academic, and reputational consequences.
8. Why hasn’t she told her family if they are such a stabilising influence?
A: Your Worship, this is due to embarrassment rather than lack of support. She continues to live at the family address.
9. Isn’t there a risk she will commit further offences while on bail?
A: Your Worship, there is no pattern of ongoing offending and she is engaged in full-time study.
10. Why should I not remand her given the strength of the Prosecution case?
A: Your Worship, bail addresses risk, not guilt. Conditions can manage the identified concerns.
11. Why should I believe she understands bail obligations now?
A: Your Worship, she has experienced bail forfeiture and understands the consequences of non-compliance.
12. What has changed since her last conviction?
A: Your Worship, she is older, no longer involved in that lifestyle, and is now a full-time college student.
13. Isn’t her wish to continue socialising inconsistent with reform?
A: Your Worship, lawful social activity is not prohibited. She accepts that bail conditions may restrict her activities.
14. Why should the Court accept her dispute over the drugs found?
A: Your Worship, the Defence does not invite findings on guilt. The explanation is relevant only to bail risk.
15. Doesn’t her connection to Canada increase the flight risk?
A: Your Worship, her life, education, and residence are firmly based in Hong Kong.
16. Why should I trust her assurances at all?
A: Your Worship, the Court is not asked to rely on assurances alone but on enforceable conditions.
17. Wouldn’t a curfew be necessary in this case?
A: Your Worship, the Defendant will comply if imposed, though reporting and travel restrictions may already address risk.
18. Why suggest a surety with a prior conviction?
A: Your Worship, the Defendant understands the Court may decline that option and raises it only for consideration.
19. Why should I believe she is genuinely tied to Hong Kong?
A: Your Worship, her family home, studies, and future career plans are all based here.
20. Why should I grant bail at all?
A: Your Worship, because the statutory concerns can be adequately addressed by conditions.
21. Why should I believe this is not trafficking dressed up as possession?
A: Your Worship, that is a matter for trial. Bail submissions focus solely on risk.
22. Does the Defendant accept the seriousness of being before this Court?
A: Yes, Your Worship. She understands the gravity of the proceedings.
23. Isn’t her lifestyle inconsistent with compliance, given the disco setting?
A: Your Worship, she accepts that bail conditions may restrict her activities and will comply.
24. Why should I accept that she will not mix with the same crowd again?
A: Your Worship, she is now occupied with full-time studies and accepts conditions to regulate her conduct.
25. Why shouldn’t I impose very strict conditions given her background?
A: Your Worship, the Defence does not resist reasonable conditions.
26. Is there any reason she cannot report more frequently?
A: Your Worship, she can report as directed. Weekly reporting was suggested to balance compliance with studies.
27. Why is surrender of travel documents necessary if she has lived here all her life?
A: Your Worship, the Defence accepts surrender is appropriate given the Prosecution’s concern.
28. What incentive does she have to attend court?
A: Your Worship, loss of bail, academic disruption, and serious long-term consequences.
29. Isn’t her previous bail forfeiture proof that money doesn’t deter her?
A: Your Worship, that occurred when she was much younger. Her circumstances have since changed.
30. Why shouldn’t I remand her for discipline?
A: Your Worship, remand is not punitive. Detention is unnecessary where risks can be managed.
31. What assurance does the Court have that she will not offend again?
A: Your Worship, there is no pattern of repeat offending and she will comply with conditions.
32. Does the Defence rely on her parents’ status?
A: No, Your Worship. Bail is sought on risk management alone.
33. Why hasn’t she taken responsibility sooner?
A: Your Worship, she is now engaging properly with the Court process.
34. Wouldn’t house arrest be more appropriate?
A: Your Worship, less restrictive measures would adequately address the risks.
35. Why should I believe she will follow conditions she dislikes?
A: Your Worship, she understands breach would result in immediate consequences.
36. Is there any urgency to granting bail today?
A: Your Worship, bail avoids unnecessary remand where conditions suffice.
37. Does the Defence accept additional conditions beyond those proposed?
A: Yes, Your Worship.
38. Why is residence at the charge-sheet address important?
A: Your Worship, it ensures stability and traceability.
39. Would the Defence object to electronic monitoring?
A: Your Worship, the Defence would comply if the Court considers it necessary.
40. In one sentence, why should bail be granted?
A: Your Worship, because the risks identified can be effectively managed by conditions.
POINT-FORM SUMMARY (LAY CLIENT INSTRUCTIONS)
1. Charge & Procedural Posture
- Charge: Trafficking in a dangerous drug (cocaine), s.4 DDO
- Quantity: 15g powder containing 5g cocaine
- Stage: Second appearance; first bail application
- Plea: Intends to plead Not Guilty
- Status: Remanded since 4 January 2026
2. Prosecution Objections to Bail (Summary)
- Risk of failing to answer bail
- Seriousness of offence
- Previous conviction (herbal cannabis, fine only)
- Previous failure to answer bail (2½ years ago)
- Ability to leave Hong Kong (financial means, foreign passport)
- Risk of reoffending while on bail
- Strength of case (drugs found + ROl)
3. Defence Rebuttal – Key Points
- Previous conviction was minor, non-violent, dated
- Past failure to answer bail:
- Single incident
- No conviction recorded
- Bail forfeited
- Occurred 2½ years ago
- Since then:
- Turned life around
- Now a full-time student
- Structured routine and strong community ties
- Willing to accept stringent bail conditions to neutralise risk
4. Personal Circumstances
Family
- Lives at fixed address on the Peak with family
- Long-standing Hong Kong ties
- Parents prominent but not involved in bail
Education / Employment
- Second-year full-time Fashion Design student
- Hong Kong College of Fashion
- Clear future trajectory (intends to join family business)
Travel Status
- Canadian passport + China re-entry permit
- Willing to surrender all travel documents
5. Circumstances of the Offence (Kept High-Level)
- At disco celebrating friend’s birthday
- Alcohol consumed; environment dark and crowded
- Picked up wrong handbag in haste
- Explanation offered without advancing full defence
- Context only, to assess bail risk and seriousness
6. Record of Interview (⚠️ Not Merits)
- Admission made in ROl
- Client alleges:
- Fatigue
- Distress
- Pressure during arrest
- No trial submissions advanced
- Matter reserved for later proceedings
7. Bail Conditions Client Can Offer
- Cash bail: Any reasonable amount
- Surety:
- Preferred: none
- Alternative: friend Susanna (present in court, financially independent)
- Reporting: Weekly, evenings, Western Police Station
- Residence: At charge-sheet address
- Travel: Surrender passport + re-entry permit; not leave HK
- Curfew: Resists, but open if Court considers necessary
- No-contact: Will comply if imposed
8. Any Other Business
- Client may consider complaint regarding arrest
- Raised only to explain context, not to litigate merits
- Confidentiality of solicitor-client communications maintained