Hong Kong court grants surgeon with dementia full discharge in botox death case

A Hong Kong court has granted absolute discharge to a 93-year-old plastic surgeon for the unlawful killing of a top banker during a botched Botox injection seven years ago, concluding that no other sentencing option is suitable for him in light of his advanced dementia.

The High Court said on Wednesday the only practical way to dispose of Dr Franklin Li Wang-pong’s case was to release him unconditionally, after a jury found he could not be held criminally liable for manslaughter because he was unfit to stand trial.

Mr Justice Anthony Kwok Kai-on expressed disappointment despite the jury’s verdict, saying that Li’s flagrant mistakes during the medical procedure and his concealment of critical information from police and doctors deserved the strongest condemnation.

While highlighting a need to address the grievance of the late banker’s family, the judge acknowledged that a severe penalty would be unfair to the accused.

“A full and unequivocal apology is what decency demands,” Kwok said. “The court feels profound sorrow that because of the defendant’s mental state, even this minimal act of contrition is now beyond his capacity, leaving the family [of the deceased] without accountability or closure.”

The victim’s family could now only seek redress in civil proceedings, he added.