94 Gaming
at the Newport City in Pasay, just across withstanding that this is located outside to date no extradition attempt or request
from the Ninoy Aquino International the Cagayan Special Economic Zone and has been made under the treaty.”
Airport Terminal 3. It offers 30,000 Freeport, which is the only area where Philippines lawyers confirm that to
square meters of gaming area, which, CEZA is entitled to permit technical sup- date only one extradition request has
according to PAGCOR, ‘places the Phil- port for online gambling to be located.” been made under the treaty since it was
ippines as a premier gaming destination The CEZA license requires that the signed in 1976. In relation to both trea-
in the Asia-Pacific region’. ALL Group blocks wagers from Phil- ties, there remains a risk that the ALL
Resorts World Manila also has ippine residents. Furthermore, as is re- Group may suffer material adverse ef-
a total of 1000 gaming machines as quired under its software license with fects to its financial position by way of
well as 100 of table and poker games, Playtech, the ALL Group also blocks significant business disruption if either
which doubles the number of tables in wagers from customers resident in the China or Indonesia sought to instigate
Manila city. US, Cyprus, Bulgaria, Estonia, Hong extradition proceedings despite the ap-
Kong and Israel. parent barrier of the dual criminality
The Chinese market: “The Philippines, where much of test. That said, there is a further risk that
legal issues the ALL Group’s infrastructure is lo- the dual criminality test may be circum-
With a prohibition on wagers from Phil- cated, has agreed extradition treaties navigated by the jurisdiction requesting
ippines residents, much of the revenue with, inter alia, China and Indonesia, but the extradition by instigating proceed-
from online gaming comes from China. not with Malaysia, Italy, Japan or Singa- ings based upon other offences (such as
The information extracted below from pore. In the treaty with China, the dual alleged money laundering), rather than
the Asian Logic group report outlines criminality test applies such that in or- on allegedly illegal gambling activities.
how this process presently occurs. It der for an offence to be considered as an Similarly, the directors have been
also outlines the countries from which extraditable offence, it must be criminal advised that any attempt to bring a civil
wagers must be blocked, namely the US, in both jurisdictions. Notwithstanding claim in the Philippines or Hong Kong
Cyprus, Bulgaria, Estonia, Hong Kong that the relevant online gambling activi- in relation to the provision by the group
and Israel. ties conducted by the ALL Group in the of online gambling services (in instanc-
“The ALL Group is reliant upon a Philippines are conducted there under es where the directors have not submit-
concession made by CEZA permitting license (such that there is arguably no ted to the jurisdiction from where the
it to locate certain servers and technical dual criminality occurring in any event), claim emanated) may be rejected by the
infrastructure in Makati, Manila, not- local Philippines lawyers confirm that courts in those territories.
March 2010
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