MACAU BUSINESS
what was originally requested. “There will also be risks that these patrons will then directly deal with the concessionaires without the need for junkets,” the representative says, also underscoring the possibility of patrons seeking underground credit and banking services. Under the new gaming credit bill, gaming concessionaires will face penalties ranging from MOP2 million to MOP5 million for any breaches, including the failure to establish a risk control system. On the other hand, gaming promoters will be fined between MOP600,000 and MOP1.5 million for any violations as well.
ANOTHER NEW LEGISLATION In addition to imposing heavier penalties for breaches of the credit law, the authorities have ramped up their efforts in recent times to crack down on illicit gambling activities. The government has presented the draft “Law to Combat Gambling Crimes,” which received initial approval for the first reading at the Legislative Assembly in February. This bill, currently undergoing subcommittee discussions at the legislature, aims to replace the existing Illegal Gambling Regime that has been in effect since 1996.
“The existing regulations on illegal gambling have been in place for over two decades. It is necessary to comprehensively review and revise these regulations to provide more detailed
descriptions of these criminal offences, optimise the sentencing framework, and enhance methods of criminal investigation,” states the Government.
The draft bill emphasises that under-the-table betting is strictly prohibited in the city and explicitly outlines that online casino gambling is illegal. Under-the-table betting, also known as side betting or multiplier betting, typically involves gamblers and junkets agreeing on a bet amount that is higher than the chips placed on the gambling tables. This practice is intended to evade gaming revenue levies. The proposed bill follows the trials of junket leaders Alvin Chau and Levo Chan in 2022- 2023, which centred around under-the-table betting and illicit online gaming operations. During the trials, Mr. Chau, the former Suncity boss who received an 18-year jail sentence, claimed that side betting was widespread throughout VIP rooms and casinos in the city. To address the covert nature of gambling crimes, the draft bill also suggests authorising undercover police investigations to probe these offences. It also envisions the establishment of a protection mechanism to safeguard informants who assist in these investigations.
ILLEGAL CURRENCY EXCHANGE Nonetheless, some observers and legal scholars have criticised the proposed bill for
leaving certain grey areas unaddressed, such as sports betting and illicit currency exchanges at casinos or nearby areas. Legislator Leong Sun Iok remarks, “When a police crackdown targets an illegal currency exchange operation, a new operation quickly takes its place at casinos, resulting in the continued occurrence of such activities in the city.”
“The current penalties for illegal currency exchange activities are too lenient, and non-locals who violate this rule are only deported and banned from reentering the territory,” he adds.
According to authorities, the Macau police, in collaboration with gaming operators, have intercepted over 11,000 individuals suspected of involvement in illicit currency exchange activities. Additionally, 2,048 individuals have been banned from entering casinos through the DICJ (Gaming Inspection and Coordination Bureau). The authorities also clarify that the proposed bill on illegal gaming activities does not specifically address this offence, as it has been classified as an administrative offence under the new Financial System Act that came into force last year.
However, the observers demand more action. “The authorities should consider making this offence a criminal offence,” adds Mr. Leong, the lawmaker
Luis Pereira,
Managing Director of ASEAN Gaming Summit and Asia Gaming Brief
The new law is
perceived as another serious setback to gaming promoters. With this legislative option, said to be taken to pursue the objectives of healthy and sustainable development of the gaming sector, the granting of credit for gaming will be legally reserved to the casino concessionaires
Lawyers Francisco Sá da Bandeira and Rui Pinto Proença
JUNE 2024 33
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