Human Cloning and Other Prohibited Practices Act

• Jurisdiction: Singapore
• Coming into Force: 31 July 2005
• copyrightNote: © Singapore legislation sourced from Singapore Statutes Online. It is subject to copyright of the Singapore Government and is reproduced with the permission of the Attorney-General’s Chambers of Singapore.
• Enactment Date: 01 October 2004
• Published date: 31 July 2005
• Record Number: Cap. 131B
• Act Number: (Original Enactment: Act 35 of 2004)

Human Cloning and Other Prohibited Practices Act

(CHAPTER 131B)

(Original Enactment: Act 35 of 2004)

REVISED EDITION 2005

(31st July 2005)

An Act to prohibit the placing of a human embryo clone in the body of a human or an animal and certain other practices associated with reproductive technology.

[1st October 2004]

PART I PRELIMINARY Short title 1. This Act may be cited as the Human Cloning and Other Prohibited Practices Act. Interpretation 2.—(1) In this Act, unless the context otherwise requires — “animal” does not include a human; “Director” means the Director of Medical Services; “enforcement officer” means the Director and any other public officer or any officer of any statutory authority who is appointed by the Director under section 4 to be an enforcement officer for the purposes of this Act; “human embryo” means any live embryo that has a human genome or an altered human genome and that has been developing for less than 8 weeks since the appearance of 2 pro-nuclei or the initiation of its development by other means; “human embryo clone” means any human embryo that is a genetic copy of another living or dead human, but does not include a human embryo created by the fertilisation of a human egg by human sperm; “human sperm” includes human spermatids; “prohibited embryo” means — (a) any human embryo that has been developing outside the body of a woman for a period of more than 14 days, excluding any period when the development is suspended; (b) any human embryo that was removed from the body of a woman by a person intending to collect a viable human embryo; or (c) such other thing as may be prescribed to be a prohibited embryo for the purposes of this Act; “prohibited practice” means any of the practices prohibited under Part III. (2) For the purposes of establishing that a human embryo clone is a genetic copy of another living or dead human — (a) it shall be sufficient to establish that the set of genes in the nuclei of the cells of the living or dead human has been copied; and (b) it shall not be necessary to establish that the copy is an identical genetic copy. (3) For the purposes of the definition of “human embryo” in subsection (1), in working out the length of the period of development of a human embryo, any period when the development of the embryo is suspended shall be disregarded. (4) For the purposes of the definition of “human embryo clone” in subsection (1), a human embryo that results from the technological process known as embryo splitting shall not be taken to be created by a process of fertilisation of a human egg by human sperm. [Tasmania Act, s. 4] Act to bind Government 3. This Act shall bind the Government.

PART II ADMINISTRATION Administration of Act 4.—(1) The Director shall be responsible for the administration and enforcement of this Act, subject to the general and special directions of the Minister. (2) The Director may in writing appoint any public officer or any officer of any statutory authority to be an enforcement officer for the purposes of this Act. (3) Every enforcement officer shall, when exercising his powers and carrying out his duties under this Act, comply with such general or special directions as may, from time to time, be given to him by the Director. (4) Every enforcement officer shall, when exercising any powers under this Act — (a) if not in uniform, declare his office; and (b) on demand, produce to any person affected by the exercise of those powers such identification card as the Director may direct to be carried by him when exercising such powers. (5) Every enforcement officer appointed under subsection (2) shall be deemed to be a public servant within the meaning of the Penal Code (Cap. 224).

PART III PROHIBITED PRACTICES Division 1 — Human cloning Prohibition against placing human embryo clone in body of human or animal 5. No person shall place any human embryo clone in the body of a human or the body of an animal. [Tasmania Act, s. 6] No defence that human embryo clone could not survive 6. It shall not be a defence to an offence under section 5 that the human embryo clone did not survive or could not have survived. [Tasmania Act, s. 8] Division 2 — Other prohibited practices Prohibition against developing human embryo created other than by fertilisation of human egg by human sperm 7. No person shall develop any human embryo, that is created by a process other than the fertilisation of a human egg by human sperm, for a period of more than 14 days, excluding any period when the development of the embryo is suspended. [Tasmania Act, s. 9] Prohibition against developing human embryo outside body of woman for more than 14 days 8. No person shall develop any human embryo outside the body of a woman for a period of more than 14 days, excluding any period when the development of the embryo is suspended. [Tasmania Act, s. 12] Prohibition against collecting viable human embryo from body of woman 9. No person shall remove any human embryo from the body of a woman for the purpose of collecting a viable human embryo. [Tasmania Act, s. 15] Prohibition against certain uses of embryo 10. No person shall — (a) place any human embryo in an animal; (b) place any human embryo in the body of a human, other than in a woman’s reproductive tract; or (c) place any animal embryo in the body of a human for any period of gestation. [Tasmania Act, s. 17] Prohibition against placing prohibited embryo in body of woman 11. No person shall place any embryo in the body of a woman knowing that, or reckless as to whether, the embryo is a prohibited embryo. [Tasmania Act, s. 18] Prohibition against importing and exporting prohibited embryos 12. No person shall knowingly — (a) import any prohibited embryo into Singapore; or (b) export any prohibited embryo out of Singapore. [Tasmania Act, s. 19] Prohibition against commercial trading in human eggs, human sperm and human embryos 13.—(1) No person shall — (a) give or offer valuable consideration to another person; or (b) receive, or offer to receive, valuable consideration from another person, for the supply of any human egg, human sperm or human embryo. (2) Any contract or arrangement entered into by any person in contravention of subsection (1) shall be void. (3) Subsection (2) shall not apply to or in relation to any contract or arrangement providing only for the reimbursement of any reasonable expenses incurred by a person in relation to the supply of any human egg, human sperm or human embryo. (4) For the avoidance of doubt, any reference in this section to the supply of any human egg, human sperm or human embryo shall not include the provision of any service for facilitating the donation and receipt of any human egg, human sperm or human embryo by receiving, storing, processing and subsequently implanting the donated human egg, human sperm or human embryo in the body of another human, whether or not for consideration. (5) In this section — “reasonable expenses” — (a) in relation to the supply of any human egg or human sperm, includes, but is not limited to, expenses relating to the collection, storage or transport of the egg or sperm; and (b) in relation to the supply of any human embryo, includes, but is not limited to, expenses relating to the storage or transport of the embryo; “valuable consideration”, in relation to the supply of any human egg, human sperm or human embryo by a person, includes any inducement, discount or priority in the provision of a service to the person, but does not include the payment of reasonable expenses incurred by the person in connection with the supply. [Tasmania Act, s. 20]

PART IV POWERS OF ENFORCEMENT Power of entry, inspection, search, seizure, etc. 14.—(1) For the purpose of investigating whether any provision of this Act has been or is being contravened, an enforcement officer may, at any time and without warrant, enter, inspect and search any premises and the facilities therein that are being used, or that he has reasonable cause to believe are being used, for any prohibited practice. (2) In exercising his powers under subsection (1), an enforcement officer may — (a) inspect any apparatus, appliance, equipment or instrument used or found in those premises; (b) inspect, test, examine, remove and detain any sample of human, animal or plant tissue or any other substance or matter found in those premises; (c) inspect and make copies of and take extracts from, or require the person having the control or management of those premises or any other person found therein to provide copies of or extracts from, any book, document, record or electronic material that relates to, or that reasonably appears to relate to, any prohibited practice; (d) require the person having the control or management of those premises to furnish such information as the enforcement officer may require in relation to — (i) any person involved in carrying out any prohibited practice in those premises; (ii) any prohibited practice that has been or is being carried out in those premises; (iii) any apparatus, appliance, equipment or instrument that has been or is being used in carrying out any prohibited practice in those premises; (iv) the source of any human, animal or plant tissue or any other substance or matter that has been or is being used in any such prohibited practice; or (v) any other matter that is relevant to the administration or enforcement of this Act; and (e) seize and remove from those premises any book, document, record, electronic material, apparatus, appliance, equipment, instrument, sample, human, animal or plant tissue or other substance or matter which the enforcement officer reasonably believes to be the subject matter of, or to be connected with the commission of, an offence under this Act. (3) Subject to subsection (4), any article seized or taken by an enforcement officer ...