Surgeon, 93, granted absolute discharge in Botox death case

A 93-year-old veteran plastic surgeon has been given an absolute discharge related to a Botox incident in 2018 after being ruled to have committed the acts alleged in the manslaughter charge. 

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 determined Li’s actions constituted manslaughter in October, after he had been deemed unfit for trial due to advanced dementia in September. 

The defense cited a social welfare report on Wednesday morning that did not recommend imposing a guardianship order. Judge Anthony Kwok Kai-on subsequently ordered an absolute discharge of Li. 

Prosecutors earlier stated that under the Criminal Procedure Ordinance, a hospital order, supervision and treatment order, or a guardianship order could be considered during sentencing.

However, they believed the sentencing options were limited in this case. Given that Li suffers from dementia and does not have mental disorders such as schizophrenia, it would be 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. 

Li is accused of several negligent actions related to Cheung’s care. These include administering sedatives despite her recent use of sleeping medication 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 hospital.