A 31-year-old practitioner reported to be a registered Chinese medicine practitioner has been jailed for 16 months after being convicted of five voyeurism offences involving three female patients during acupuncture treatment. The offences took place between December 2022 and May 2024 at chain Chinese medicine clinics in Tai Wo Hau, Mei Foo and Chai Wan.
The patients were identified in court as X, Y and Z. One offence involving X took place on 28 December 2022. Three offences involving Y were recorded on 19 March, 2 April and 7 May 2024, while the fifth, involving Z, took place on 28 April 2024.
The court found that photographs of private areas had been taken without the patients’ consent and rejected the defence explanation that the images were intended to document subcutaneous haematomas. The defendant had denied the five charges before being convicted after trial.
In sentencing, the magistrate said the most serious feature was the breach of patients’ trust. They were receiving acupuncture and had restricted movement when the photographs were taken, the magistrate said. The conduct damaged patients’ confidence in medical practitioners, trampled their dignity and was disgraceful.
The court took into account that the defendant had no previous criminal record, had not copied or published the photographs and had taken still images rather than video. It also noted that some of the images showed patient Y’s identity. A psychological report cited in court assessed his risk of reoffending as moderately low.
In mitigation, the defence said the defendant was committed to Chinese medicine and had academic achievements and contributions in the field. It said he had worked continuously for 500 days to move into his own home and repay his mother. Letters from Chinese medicine practitioners, doctors and a long-term patient were also submitted.
The defence indicated that it would appeal against both the conviction and sentence. The Eastern Magistrates’ Courts refused the application for bail pending that appeal.