Macau’s Executive Council is set to implement a robust legal framework to combat illegal gambling activities with the introduction of the “Law to combat illegal gambling crimes.” This draft legislation aims to redefine and reinforce measures against various forms of illicit gambling, addressing issues such as “betting under the table” and online gambling operations. The Executive Council’s proposed amendments seek to enhance the effectiveness of law enforcement, streamline legal norms, and provide a more unified approach to tackling criminal activities in the gambling sector.
Clarifying Offenses and Unifying Legal Norms:
To avoid ambiguity and unnecessary disputes, the draft law explicitly incorporates “betting under the table” into the definition of illegal gambling operations. Additionally, the legislation aims to unify legal norms by summarizing relevant provisions related to animal racing offenses, streamlining the overall legal framework.
Combatting Illegal Online Gambling:
The proposed bill takes a strong stance against illegal online gambling, prohibiting its operation, promotion, and organization. This prohibition extends to mutual gambling, encompassing bets on animal races or sporting events. The legislation covers online gambling activities regardless of the physical location of the computer systems, devices, or equipment involved.
Enhancing Investigation Methods:
Recognizing that illegal gambling often occurs during nighttime hours, the draft law proposes allowing searches of residences between 9 pm and 7 am for specific crimes related to illegal operation of gambling. This strategic move aims to improve criminal investigation methods and enhance law enforcement capabilities.
Introducing Undercover Investigations and Safeguard Measures:
Acknowledging the covert nature of illegal gambling activities, the bill introduces the concept of “undercover investigation” to aid law enforcement efforts. Furthermore, the legislation introduces a new protection system for individuals providing information or assisting the police in uncovering offenses. It also restricts detained individuals from contacting anyone other than their solicitor before judicial questioning.
Strengthening Penalties and Deterrence:
In a bid to intensify the fight against illegal gambling, the proposed bill suggests increasing the penalty range for offenses related to illegal gambling. Amendments to the Criminal Law and Criminal Procedure Law include extending the maximum duration of detention, ranging from two months to one year. The enhanced penalty system for administrative violations aims to further deter illicit gambling activities.
Addressing Offshore Online Gambling:
While the legislation explicitly prohibits the operation, promotion, and organization of online gambling and mutual betting within Macau’s borders, it does not cover Macau citizens opening accounts with foreign companies providing offshore online gambling services. Executive Council President André Cheong Weng Chon clarified that as long as these foreign companies do not operate, promote, or organize online gambling in Macau, they fall outside the scope of this law.
Unifying Interpretations of “Betting Under the Table”:
To address discrepancies in judicial interpretations of the offense of “betting under the table,” the draft legislation incorporates this offense, providing a unified interpretation within the legal framework.
Nighttime Searches for Specific Crimes:
The provision allowing searches of residences between 9 pm and 7 am pertains specifically to crimes related to illegal operation of gambling, illegal operation of online gambling, and mutual gambling. Law enforcement officers can enter residences to conduct searches without obtaining the consent of the individuals involved, provided they adhere to criminal procedure guidelines.
Increased Penalties for Illegal Gambling and Mutual Gaming:
The government aims to elevate the penalty for “illegal operation of gambling and mutual gaming” from the current maximum of three years imprisonment to a range of one to eight years imprisonment, signaling a heightened commitment to deterring such activities.
Macau’s proposed legislative amendments reflect a comprehensive effort to combat illegal gambling activities, leveraging a multi-faceted approach. From clarifying definitions to enhancing investigation methods and strengthening penalties, the draft law signals a determined stance against illicit practices in the gambling sector. As the legislative process unfolds, these proposed measures aim to create a more robust legal framework, fostering a secure and regulated gambling environment in Macau.