Zona de Azar China – Macau to Amend Illegal Gambling Laws, Allow Residence Searches

China.- December 13th 2023 www.zonadeazar.com The Macau Executive Council has unveiled the draft of the “Law to combat illegal gambling crimes,” targeting a comprehensive overhaul of the existing legislation. This move follows the announcement in the 2022 Policy Address about the intention to amend laws pertaining to illegal gambling within the year.

The key points outlined in the draft include:

1. Explicitly defining “betting under the table” as an offense within the scope of illegal gambling operations, aiming to prevent disputes over law application.

2. Strengthening measures against illegal online gambling by prohibiting its operation, promotion, and organization, regardless of the location of computer systems and equipment.

3. Summarizing and coordinating legal norms related to crimes involving mutual betting, as outlined in Law No. 9/96/M “Criminal offenses related to animal racing.”

4. Proposing searches of residences between 9 pm and 7 am for specific crimes related to illegal and mutual gambling, enhancing investigative methods.

5. Introducing “undercover investigation” to combat the covert nature of illegal gambling offenses, with added protection for individuals providing information and preventing detainees from contacting anyone except their solicitor before judicial questioning.

6. Increasing the penalty range for illegal gambling-related crimes, amending relevant provisions of the Criminal Law and Criminal Procedure Law, and extending the maximum detention duration from two months to one year.

7. Enhancing the penalty system for administrative violations related to illegal gambling to strengthen the deterrent effect.

Director of the Legal Affairs Bureau, Ms. Leong Weng In, emphasized the prohibition of online gambling and mutual betting, irrespective of the location of computer systems. Executive Council President André Cheong Weng Chon clarified that foreign companies offering offshore online gambling services are not covered unless they operate, promote, or organize such activities within Macau.

Regarding the incorporation of “betting under the table” into the law, Cheong explained that the move aims to unify interpretations and address differing judicial practices.

The draft also proposes an extension of 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.

Edited by: @MaiaDigital www.zonadeazar.com