Concerns
Source:
Discipline Committee
Active Date: August 22, 2006
Expiry Date:
Summary:
Two sets of allegations against Dr. Au were referred to the Discipline Committee – one on June
19, 2002, and another on November 20, 2002. Both sets of allegations were withdrawn on April
30, 2007.
On August 22, 2006, Dr. Au entered into the following Undertaking with the College of
Physicians and Surgeons of Ontario:
1. I, Dr. Henry Shiu-Yuen Au, by entering into this undertaking, do not agree with
and deny all of the allegations contained in the Notice of Hearing dated March 31,
2004.
2. I, Dr. Henry Shiu-Yuen Au, acknowledge that, in consideration for this
undertaking, the College of Physicians and Surgeons of Ontario agrees to
withdraw the referral to the Discipline Committee for sexual abuse, sexual
impropriety and disgraceful, dishonourable and unprofessional conduct, as alleged
in the Notice of Hearing dated March 31, 2004.
3. I, Dr. Henry Shiu-Yuen Au, was acquitted by the Superior Court of Justice of the
allegations that are the subject of the Notice of Hearing dated March 31, 2004, on
September 1, 2005. The jury was unable to reach a verdict on one count, which
count was subsequently stayed on June 20, 2006. The acquittals are currently
under appeal.
4. I, Dr. Henry Shiu-Yuen Au, undertake to resign from the College of Physicians
and Surgeons of Ontario no later than March 31, 2007, and in the interim agree to
continue to comply with the terms of the interim order dated August 13, 2002
which took effect on August 19, 2002.
5. I, Dr. Henry Shiu-Yuen Au, undertake not to apply or re-apply for registration as
a physician or for a license to practise medicine in any jurisdiction.
6. I, Dr. Henry Shiu-Yuen Au, agree that, in the event that the College of Physicians
and Surgeons of Ontario should become aware that I have either applied, re-
applied or attempted to apply or re-apply for registration as a physician or for a
licence to practise medicine in any jurisdiction, the College of Physicians and
Surgeons of Ontario shall, in its sole discretion, have the right to proceed with a
discipline proceeding on the basis of this undertaking and, if successful, shall
have the right to proceed with the prosecution of the allegations contained in the
Notice of Hearing dated March 31, 2004.
7. I, Dr. Henry Shiu-Yuen Au, hereby agree that should the College of Physicians
and Surgeons proceed with the prosecution of the allegations contained in the
Notice of Hearing dated March 31, 2004 pursuant to paragraph 6 of this
undertaking, I will bear the risk of any prejudice that the passage of time might
cause to my ability to make full answer and defence, and waive the right to seek
any remedy on the basis of the passage of time.
8. I, Dr. Henry Shiu-Yuen Au, consent to the terms of this undertaking being entered
on the register as information that is available to the public.