The Macau Executive Council has announced the draft “Law to combat illegal gambling crimes”, which will propose the inclusion of “betting under the table” in the scope of illegal gambling operations. It will also introduce “undercover investigation” and further tighten the law on the illegal operation of online betting.
Having previously announced during its 2022 Policy Address plans to amend the law on illegal gambling this year, the Executive Council said Monday it would conduct a comprehensive review of the Law on Illegal Gambling, and introduce the new “Law to combat illegal gambling crimes”.
Regarding the draft law, the Executive Council tentatively put forward seven points as follows:
- In order to further clarify what constitutes the offence of “betting under the table” and to avoid unnecessary disputes over the application of the law, the Bill explicitly includes the relevant acts in the scope of illegal operation of gambling.
- In order to further combat the criminal activities of illegal online gambling, the bill clearly prohibits the operation, promotion and organization of online gambling and mutual gambling (betting on an animal race or a sporting event) regardless of whether the computer systems, devices and equipment involved are located in Macau.
- In order to unify and coordinate legal norms, the bill summarizes Law No. 9/96/M “Criminal offenses related to animal racing” which involves crimes related to mutual betting.
- Considering that the crimes of illegal gambling and mutual gambling are usually carried out at night, in order to improve criminal investigation methods, the bill proposes to allow searches of residences between 9pm and 7am for specific crimes.
- Considering the highly anti-investigative and covert nature of illegal gambling offences, the Bill introduces the requirement of “undercover investigation”, adds a new protection system for persons who have provided information or who have assisted the police in uncovering the offences, as well as the requirement of preventing a person who has been detained for the offences of unlawful operation of gambling and mutual gambling from contacting persons other than his solicitor prior to judicial questioning.
- In order to strengthen the fight against illegal gambling crimes, the bill increases the penalty range for illegal gambling-related crimes, and improves relevant provisions of the Criminal Law and Criminal Procedure Law, including extending the maximum duration of detention, ranging from two months to one year.
- In order to further improve the penalty system for administrative violations and strengthen the deterrent effect, the bill proposes to increase the amount of penalties for administrative violations related to illegal gambling and improve regulations.
Director of the Legal Affairs Bureau, Ms Leong Weng In, said the bill clarifies the provisions on illegal operation of online gambling,
“The bill expressly prohibits the operation, promotion and organization of online gambling and mutual betting, irrespective of whether or not the computer systems, installations and equipment involved are located in Macau,” she said.
However, with some foreign jurisdictions such as the Philippines offering offshore online gambling services, Executive Council President, André Cheong Weng Chon, noted that the opening of an account with these companies by a Macau citizen is not covered by this law, which only regulates the operation, promotion and organization of online gambling and mutual gambling.
“If a foreign company does not operate, promote or organize online gambling in Macau, it is not involved in this law,” he said.
As for the government’s plan to incorporate “betting under the table” into this law, Cheong explained that this is already a criminal offense.
“However, when it comes to the court’s judgment, there are different interpretations in different judicial practices as to which offence ‘betting under the table’ falls under. Therefore, by including ‘betting under the table’ in this legislation, the interpretation of this offence can be unified,” he said.
On the ability to search residences between 9pm and 7am “for specific crimes”, Leong Weng In said this refers to illegal operation of gambling, illegal operation of online gambling and mutual gambling, and “as long as [law enforcement officers] comply with the criminal procedure, they can enter the residence to search without the need to obtain the consent of the person at the time.”
She added that the government will raise the penalty for “illegal operation of gambling and mutual gaming” from the current maximum of three years imprisonment to between one and eight years imprisonment.
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