Corporate manslaughter is rarely prosecuted in Hong Kong following deaths of individuals arising out of the acts and knowledge of a corporation. Following the medical negligence claims against a group of private limited companies (the DR Group) operating beauty clinics and a laboratory and death of a “customer” (Deceased) in October 2012 after receiving an experimental form of cancer treatment (cytokine-induced killer (CIK) treatment), the prosecution laid charges of gross negligence manslaughter (GNM) against the DR Group owner (Chow Heung Wing, Stephen) and two employees (laboratory manager and medical doctor, Dr. Mak).
Following lengthy police investigations after the death, a trial lasting 100 days, appeal to the Hong Kong Court of Final Appeal and retrial of Dr. Mak, all 3 Defendants were convicted by the jury and sentenced to lengthy terms of imprisonment.
In this seminar, we look at the background of this tragic unprecedented case, principles of GNM and discuss the lessons that can be learnt from the Court’s directions and approach to sentencing. We will also touch on the impact of these cases on private corporate healthcare providers and regulatory landscape.
About the Speaker:
Tracy Cheung is a qualified Solicitor in Hong Kong and England & Wales with over 15 years’ experience in healthcare and commercial litigation and advisory work. She was a Partner at International Law firm, Kennedys, before starting her Independent Healthcare focused Advisory and Alternative Dispute Resolution (ADR) Consulting practice in December 2019. She is an advocate of life-long learning and provides Professional Training Consultancy services through TMed. Company, working with universities, medical and legal academies, associations and global indemnity providers.
Tracy is also an accredited General Mediator and member of the Hong Kong International Arbitration Centre (HKIAC), Hong Kong Mediation Accreditation Association Limited (HKMAAL) and the Law Society of Hong Kong and eBRAM-trained registered Mediator to conduct mediations online. She is a member of the Asian Academy of International law and International Network for Law and Apology Researchers.
As the Honorary Legal Advisor to the Hong Kong Health Education and Health Promotion Foundation (HEP), she works closely with the School of Public Health of the Chinese University on public health education initiatives. She is passionate about public health and continues her post-graduate studies in public health with Imperial College London. She is also actively involved in local NGOs, SMEs, and Conservation projects – adopting an empowering and educational approach.
Discussant: Prof. Mark Hsiao, Associate Professor, Leicester Law School
The Law Society of Hong Kong has awarded this seminar 1.5 Continuing Professional Development (CPD) points.