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Hong Kong courts
Hong KongLaw and Crime

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

Judge concludes no other sentencing option suitable for Franklin Li, 93, while condemning doctor’s misdeeds and recognising pain of victim’s family

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Franklin Li (right) appears at the High Court on Wednesday. Photo: Edmond So
Brian Wong

A Hong Kong court has granted an 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 that 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, saying that Li’s flagrant mistakes during the medical procedure and his concealment of critical information from police and doctors deserved the strongest condemnation.

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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.”

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

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