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China bans CRISPR babies, human clones
https://biohackinfo.com/news-china-gene-editing-criminal-law-article-336-march-2021/
Dr He Jiankui is in prison for using CRISPR to create HIV-immune and cognitively-enhanced babies.
Chinaâs new Criminal Code, which came into effect four weeks ago on March 1st, has a new section dedicated to âillegal medical practicesâ, which makes it a punishable crime to create gene-edited babies, human clones and animal-human chimeras.
The new section is an amendment to Article 336 of Chinaâs Criminal Law, and officially outlaws âthe implantation of genetically-edited or cloned human embryos into human or animal bodies, or the implantation of genetically edited or cloned animal embryos into human bodies,â â with penalties ranging from fines to seven years imprisonment.
Back in 2018 on November the 25th, Chinese biophysicist Dr He Jiankui announced that he had used gene-editing tool CRISPR to create the worldâs first gene-edited babies. Dr He had modified the babiesâ CCR5 gene â which the HIV virus uses as a pathway enter the cell. Through this CCR5 modification, the babies were made immune to HIV infection, and quite possibly had their cognitive capabilities enhanced.
Dr He was widely rebuked for this experiment, and after a storm of media-generated outrage and mounting pressure from influential Western bioethicists, Dr He was detained, and on December 30th 2019, a Chinese court sentenced him to three years in prison.
Although Dr He had been sentenced for genetically modifying human embryos, Chinaâs previous criminal code on âillegal medical practicesâ, under which he was sentenced, was extremely vague on the gene-editing of human embryos, and was mostly used to prosecute providers of dangerous medical procedures, and not researchers. The only official Chinese Government legal document that made a stipulation against genetically altering human embryos at the time of Dr Heâs sentencing was a scientifically-outdated 2003 guideline by the Chinese Ministry of Health, which mostly addressed ethical issues on human embryonic stem cell research.
And thus due to this legal vagueness on human gene-editing, legal experts in China found the court sentencing of Dr He to be very problematic.
According to the courtâs legal interpretation, what constituted the âcrimeâ of offering illegal medical services was Dr He âengaging in the illegal genetic editing of human embryos for reproductive purposes and reproductive medical treatment activities, and disturbing the order of medical management, with serious consequences.â
Chinese legal experts argue that in this instance the court had over-interpreted the law, which at the time of Dr Heâs sentencing said nothing about human gene-editing. This raised questions like, was the genetic modification of embryos really a medical service? And can the supposed risks in the case, which are largely theoretical, be defined as âserious consequencesâ?
The new addition to the criminal code is meant to clear up these questions. And so with this convenient patching up of legal loopholes, it looks like Dr He Jiankuiâs prosecution was less of a legal decision, and more about sending a message and saving face.
Facts Ep. 2: Despite What Youâre Told, China is Dying
So thatâs where their head is at. They are making massive blockbuster epics, with all the Hollywood techniques, about the Chinese military winning and the Americans losing. And moreover, what you can get canceled for in China is insufficient nationalism. As somebody once said, in like the West today, for an ambitious young person, they would articulate a desire to quote, âchange the world.â But in China it is like, âserve the motherland.â - Balaji Srinivasan at The Tim Ferriss Show Transcripts: Balaji Srinivasan â Centralized China vs Decentralized World, The DeFi Matrix, Ascending vs Descending Trends, Bitcoin Mining as Energy Storage, Reputational Civil War, and Maximalism vs. Optimalism (#547)
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