Surgeon with dementia ruled unfit to stand manslaughter trial in 2018 botox death case

A 93-year-old veteran plastic surgeon has been ruled unfit to stand trial on charges of manslaughter related to a Botox incident in 2018. 

The defendant, Franklin Li Wang-pong, is accused of unlawfully causing the death of banker Zoe Cheung Shuk-ling, 52, through gross negligence during a medical procedure at his Tsim Sha Tsui clinic on November 12, 2018.

The defence on Monday (Sep 15) argued that Li's dementia and major neurocognitive disorder left him incapable of guiding his legal counsel or properly participating in his defence.

The seven-member High Court jury, composed of four men and three women, returned a unanimous verdict this morning exempting Li from standing the trial.

Under the Criminal Procedure Ordinance, the jury will next determine whether Li's actions constituted manslaughter.

According to the indictment, Li allegedly failed to uphold his duty of care by proceeding with sedation despite Cheung's uncertain fasting status.

When Cheung experienced breathing difficulties, Li reportedly neglected to monitor her oxygen saturation levels or provide necessary oxygen during the treatment.

Additionally, the prosecution claimed Li did not administer the antagonists for the sedatives used and concealed relevant medical information when questioned by other healthcare professionals.

The case marks Hong Kong's first death linked to Botox treatment, where Cheung reportedly fell into a coma two hours after the injection and was later pronounced dead in the hospital.