A member of a Chinese delegation to Melbourne has been charged with raping a university student tour guide assigned to his group.


Jingsong Song, 43, the head of a Chinese government urban planning institute, has been reporting daily to police in Melbourne since his arrest and extradition from NSW three months ago.


Song was bailed in August, on strict conditions that included surrendering his passport with orders he not leave Victoria or Australia, on charges that included two allegations of digital rape.


He appeared in Melbourne Magistrates Court on Thursday to apply to vary his bail to allow his return to China, to report daily in Guangzhon City and return once a month to Victoria.


Magistrate Donna Bakos heard Song was also prepared to put up a $500,000 cash deposit and two friends a total of $150,000 in sureties to help ensure he answered his bail.


Detective Senior Constable Ross Waring opposed the application on the grounds there was no extradition treaty between Australia and China – whose policy was not to extradite its nationals – so "there is no way for us to bring him back" if he breached his bail conditions.


Song's wife and a work colleague flew to Melbourne to give evidence before Ms Bakos at the application.


She told Ms Bakos she needed him home to be with her for her impending surgery and because their five-year-old daughter also had health issues.


She knew if he did not return to Australia they would lose the $500,000, which was their life savings, while his friend gave evidence that Song was trustworthy and that "whatever he promises, he will do it".


"Mr Song will come back to face these charges," he said through an interpreter.


In support of the application, defence barrister Daniel Gurvich said the prosecution case could not be regarded as strong given the "level of intoxication" of his client and the woman and the content of pretext conversations.


Based on evidence in the brief, Ms Bakos said the woman was "so blind drunk she can't possibly consent".


Mr Gurvich also noted his client's lack of prior convictions, his good character, the hardship to his family if he remained in Australia and unchallenged evidence in an affidavit that 50 employees from the institute would be sacked if he did not return.


Mr Gurvich said his client had made no admissions to any criminal conduct.


Prosecutor Michael Hannan said Song was already on strict bail conditions, but he argued that the court was "being invited to set up a bail structure that cannot be enforced", which was the "fatal flaw" in the application.


The hearing was adjourned until next week for the friend of Song's, an Australian resident married with three children, to give evidence.