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The Honolulu Advertiser
Posted on: Wednesday, January 28, 2009

Hawaii legislator seeks new laws in response to 'Bodies' exhibit

By Peter Boylan
Advertiser Staff Writer

Hawaii news photo - The Honolulu Advertiser

In the traveling display "Bodies ... The Exhibition," preserved cadavers are displayed in poses that show the workings of human anatomy.

Advertiser library photo

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HOUSE BILLS

HB28, relating to dead human bodies: Adds to the prohibition against buying or selling dead human bodies. Defines the term "dead human body" to include plastinated bodies and body parts. Increases the fine for buying or selling a dead human body to up to $5,000.

HB29, relating to dead human bodies: Prohibits commercial display of dead human bodies without a permit from the state Department of Health.

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A proposal before state lawmakers would outlaw exhibition of dead human bodies unless promoters can prove where the cadavers came from and show that the deceased consented to the display.

The bill is one of two introduced by Rep. Marcus Oshiro, D-39th (Wahiawa), that deals with the sale or display of human bodies and comes in response to concerns raised by "Bodies ... The Exhibition," which displays preserved cadavers and body parts across the U.S. and abroad.

The exhibit, which displays remains of Chinese citizens or residents that were originally received by the Chinese Bureau of Police, recently completed a seven-month Honolulu run that started June 14 at an Ala Moana Center exhibition hall near Nordstrom. The displays were created by Premier Exhibitions Inc., an Atlanta-based company that maintains that the cadavers are unclaimed bodies from Dalian Medical University, a teaching hospital recognized by the World Health Organization.

"We wanted to make sure that Hawai'i would be the first state in the nation to ban and prohibit this type of desecration and abuse of human beings and their bodies," Oshiro said.

The exhibition did not need to obtain any state permits before opening and Oshiro's bill would require the Department of Health to issue a permit after first verifying the bodies' origin and the consent of the deceased.

Susan Jackson, deputy director of the state Department of Health, said that while the department understands and respects the proposal's intent, it does not support the bill because the matter should be handled by the state Department of Commerce and Consumer Affairs.

"We view this strictly as a business regulation matter," Jackson said following a hearing of the state House Health Committee. "There is no danger to public health and safety with these exhibitions."

Premier Exhibitions settled a lawsuit brought last year by New York Attorney General Andrew Cuomo, who accused Premier of displaying the bodies of executed Chinese prisoners.

In that settlement, Premier agreed to obtain documentation of the cause of death and origin of the bodies as well as the consent of the deceased to have their remains displayed.

For unclaimed remains previously obtained, the company must post notices, including: "This exhibit displays human remains of Chinese citizens or residents which were originally received by the Chinese Bureau of Police. The Chinese Bureau of Police may receive bodies from Chinese prisons. Premier cannot independently verify that the human remains you are viewing are not those of persons who were incarcerated in Chinese prisons."

The settlement does not apply outside the state of New York.

Hong Jiang, a professor of geography at the University of Hawai'i-Manoa, said she did not attend the display while it was in town because she believes the Chinese government is lying about where the bodies came from.

"It is very hard to believe that Chinese families would sell the bodies of their family members for any amount of money. It's culturally prohibitive," she said.

Jiang believes the bodies used in the exhibition are executed Chinese prisoners.

"I'm in support of putting a stop on anything that is not clear about the source of the bodies," Jiang said. "Any comment from the Chinese government, I would not trust. It's a great concern to think there might be a connection to the bodies we see at the exhibition and persecution of prisoners in China."

Medical professionals submitted testimony in support of Oshiro's proposals, saying the bodies exhibit was not educational and promoted questionable use of unclaimed human remains.

Scott Lozanoff, chairman of the anatomy department at the University of Hawai'i's John A. Burns School of Medicine, said "even informed consent does not justify displaying human remains in public. I didn't see a lot of educational intent in that program."

"In my estimation, both the process in developing that display and the display itself lacked redeeming social values," Lozanoff said. "The display dealt with bodies almost certainly from Chinese individuals who were prisoners, and there was no evidence of consent for body procurement or display."

Also yesterday, Oshiro introduced a bill raising the penalty for selling or buying unclaimed human remains.

"I have a little concern about how the Department of Health is administering the law regarding unclaimed bodies," Oshiro said. "I want to make sure they are being properly treated and cared for."

Reach Peter Boylan at pboylan@honoluluadvertiser.com.