Internal exam needed for problem, indecent assault trial told
A woman who has accused a doctor of indecent assault had symptoms that called for an internal examination, a court has heard.
A professor of public health told Sha Tin Court that it was appropriate for the doctor to have conducted the internal examination to distinguish between shingles and genital herpes.
Antonio Chuh An-tung, adjunct associate professor in public health at Chinese University, was giving evidence on the fourth day of the trial of Christopher Tong Yung-man, 31, who has denied indecent assault.
The court heard earlier that Tong conducted an internal examination of the 32-year-old's private parts, and photographed them, without her knowledge.
Police found the four photographs on Tong's home computer, the court heard. The woman, who had gone to see Tong on July 13, 2008, because of a rash around her groin, was unaware he had taken the pictures because she was so embarrassed during the examination she covered her hands with her eyes.
Chuh, one of two expert witnesses called yesterday by defence lawyer Gerard McCoy SC, said shingles was a dermatological condition caused by the chickenpox virus, but herpes was a sexually transmitted viral infection.
Doctors could not afford to miss a diagnosis of genital herpes because it could lead to infertility, he said.
'If a lady really has genital herpes, when she gives birth to a child ... it would be infected,' he said.
Chuh said he personally would not take photos of his patients, but these could be used as part of the patients' medical notes for future follow-up. He said the code of ethics for medical practitioners required doctors to keep clear, accurate and adequate notes.
Such photos did not necessarily have to be stored at the clinic, he said. Even if they were kept on a home computer, the important thing was to protect patients' information from third parties. Referring to the absence of a nurse, Chuh said the purpose of having a chaperone was to protect the doctor.
Professor Albert Lee, from Chinese University's school of public health and primary care, said the code of ethics recommended the presence of a chaperone during intimate examinations. McCoy will conclude the defence case today before Deputy Magistrate Poon Chin-chiu.
