93-year-old surgeon ruled to commit actions constitute manslaughter in Botox death case

A 93-year-old veteran plastic surgeon has been ruled engaged in actions that constituted manslaughter related to a Botox incident in 2018 after being deemed unfit for trial due to advanced dementia. 

The defendant, Franklin Li Wang-pong, is accused of unlawfully killing banker Cheung Shuk-ling, 52, due to gross negligence during a medical procedure at his clinic in Tsim Sha Tsui on November 12, 2018. 

The seven-member High Court jury, composed of four men and three women, previously exempted Li from standing the trial in September as he was deemed unfit to stand trial.

After retiring to consider its verdict for three hours on Thursday, the jury determined Li’s actions constituted manslaughter. 

Both the prosecution and defense agreed that given Li’s dementia, sentencing options for this case are limited, making it inappropriate to impose a hospital order or supervision and treatment order. 

Therefore, there is no need to request a trauma report from the deceased’s family to assist with sentencing. For Li’s welfare, it was suggested to obtain a social welfare report to consider a guardianship order. 

Judge Anthony Kwok Kai-on postponed the sentencing until November 12, during which Li will remain on bail. 

Li is accused of several negligent actions related to Cheung’s care. These include administering sedatives despite her recent use of sleeping medications and uncertainty about her fasting status. 

He allegedly failed to monitor her oxygen levels while she was sedated and did not provide oxygen when she experienced breathing difficulties

Additionally, the prosecution claimed that Li did not administer the necessary antidotes for the sedatives and concealed important 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.