The Second Standing Senate Committee of the Macau Legislative Assembly (AL) continued to discuss the new junket law, Legal Framework for Operating Games of Chance in Casinos, on Tuesday with Committee Chairman Chan Chak Mo noting that the previous “obligation to cooperate” will be removed and replaced by “disclosure of information”.
As previously reported by Inside Asian Gaming, Article 56 of the original text of the bill states that “In order to implement the provisions of this law, any person or entity must collaborate with the MSAR Government and provide all necessary support, providing DICJ (Gaming Inspection and Coordination Bureau) and DSF (Financial Services Bureau) with necessary documents, information, elements or evidence when requested, even if they are subject to a duty of secrecy.”
This meant that if the government needed to intervene in the investigation of matters involving junkets, agents or management companies, any person or entity would have been required cooperate in the investigation by providing all relevant documents, even if they were subject to confidentiality agreements. Failure to comply with the provision would be a violation under Article 40 of the bill, punishable by up to one year in prison.
However, Chan said the article has now been deleted following discussions between committee members and the government, “because members thought the original text required anyone to provide information to the DJIC … lawyers and accountants were affected by the requirement and the scope of impact was significant.
“The new text will delete this ordinance and create a fifth ordinance – disclosure of information.”
Under the new disclosure of information clause, “properly qualified” persons and companies who are requested to provide information to the DICJ and fail to do so will be deemed ineligible and have their junket license terminated.
Under the bill, properly qualified persons and companies include:
- Gaming junkets and their shareholders, members of the executive management and key employees
- Agents
- Management companies and shareholders who hold 5% or more, members of the executive management and key employees
The committee also discussed labor relations and added a new provision on unreasonable dismissal, stating, “If a junket, agent or management company is dissolved by a court order or sentenced to cease operations, it is an unreasonable dismissal for the employer to dismiss the employee (meaning the employer must pay compensation to the employee).”
The committee has now finished discussing the bill and forwarded the revised content to the government. It will wait for the end of the AL recess before starting technical meetings again. Chan said he expects the bill will be sent to the AL for voting in mid-November.
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