- Macau gaming law
Gaming lawis the set of rules and regulations that apply to the gaming or gambling industry, including table games, slot machines, pari-mutuels (horse and greyhound racing), lotteries and sports betting. In the Macau legal system, gaming law is not considered as a branch of law in the traditional sense. Instead, it may be considered as a transversal gathering of a range of legal topics more or less directly related to gaming, including constitutional law, administrative law, tax law, company law, contract law and criminal law. In this manner, issues of public law as well as private law are of relevance for gaming.
Administrative law issues
Macau SAR, the regulation of gaming is premised on administrative law concepts which are similar to other civil law jurisdictions.
From the perspective of administrative law, gaming is based on the concept of administrative concessions (and sub-concessions), supervision of concessionaires, and powers of government intervention. Gaming law in Macau is currently being reformed. Immediately after the transfer of sovereignty the Government of the Macau SAR has embarked in a major overhaul of the gaming sector, by opening the sector to various operators so as to generate competition. This has meant the granting of various concessions and subconcessions to operators other than the historical operator, STDM/SJM (see Law no. 16/2001, of September 24).
As a result, there are currently six concessions and subconcessions of casino games of fortune: Sociedade de Jogos de Macau (known as SJM; headed by
Stanley Ho); [Galaxy Casino] (a subsidiary of Galaxy Entertainment Group, from Hong Kong); Wynn Resorts(of Steve Wynn); Venetian Macau (Sheldon Adelson); a partnership of MGMwith Pansy Ho (daughter of Stanley Ho); and a partnership of Melco and PBLof Australia. There are also monopoly concessions for pari-mutuels (horse and dog racing), lotteriesand sports betting.
Each of these operators has signed a concession contract with the Macau SAR; the text of such contracts can be seen in the website of the Macau Gaming Inspection (see links below).
Concessions allow the opening of more than one casino.
Regarding gaming promoters, from an administrative law perspective the prime issue is their licensing and regulation, which was initiated in 2002. Gaming promoters are subject to a licensing system rather than to a system of concessions. The main applicable law is Administrative Regulation no. 6/2002. Lists of gaming promoters currently authorized are available in the website of the Macau Gaming Inspection (see links below).
Company law issues
From the perspective of company law, gaming concessionaires must be public companies, to which special rules apply, in addition to the general rules stated in the Macau Commercial Code 1999, as amended. There are also specific company law rules related to gaming promoters.
Tax law issues
The taxation of casino sub/concessionaires is made of a fixed part and a variable part.The variable part falls on the gross gaming revenue. The tax rate is currently of 35%, plus two contributions of up to 2% and 3% for social and economic purposes. The maximum tax is therefore 40%.In addition, a fixed premium is also payable, plus a premium per VIP table, other table, and slot machine.Gaming promoters pay taxes on commissions received.
Contract law issues
From the perspective of contract law, gaming and betting are contracts which may or may not generate civil or natural obligations for the parties. The matter is regulated in the Civil Code 1999 (art. 1171), which states, drawing from Roman law, that gaming and betting generate natural obligations except in sports competitions and where the law provides otherwise. The problem is that gaming legislation currently does not provide to this effect.
Regarding credit for gaming, Macau law states since 2004 that the granting of credit for casino games of fortune generates civil obligations, which are fully enforceable in Macau courts. Credit for casino games of fortune is defined as any case where chips are passed on to a player without immediate cash payment of such chips; this is an intentionally broad concept. Credit for gaming is regulated by Law no. 5/2004, of June 14.
Criminal law issues
From the perspective of criminal law, there are specific criminal offences related to gaming; see Law 8/96/M, of July 22, and Law 9/96/M, of July 22. Other criminal law matters are covered by broader laws: the Penal Code and the law on organized crime. Game cheating is mentioned in art. 6 of Law 8/96/M, of July 22. In addition, general laws on the prevention and repression of
money launderingand the financing of terrorism through casinos apply.
Competition law matters, and advertising law, as well as the impact of WTO law on gaming, may also be pointed out as part of gaming law.Regarding online gaming, the Macau SAR does not currently grant concessions for online casinos. The current casino concessions only cover land-based gaming, not online gaming.
Gambling in Macau
Institute for the Study of Commercial Gaming, University of Macau
Legal system of Macau
* [http://www.dicj.gov.mo/ Gaming Inspection and Coordination Bureau] Laws, regulations, concession contracts and statistics on gaming revenue
* [http://home.macau.ctm.net/~jgod/ Webpage of Prof. Jorge Godinho] Articles on Macau gaming law and money laundering regulations
* [http://www.imprensa.macau.gov.mo/ Macau Official printing house] Publisher of the Official Journal
* Jorge Godinho, Credit for gaming in Macau, Gaming Law Review, Aug 2006, Vol. 10, No. 4: 363-368. [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=905802]
* Jorge Godinho, Macau Business Law and Legal System, LexisNexis, Hong Kong, 2007 (ISBN 9789628937271) [https://www.lexisnexis.com.sg/hk_shop/store/view_n.asp?isbn=9628937278]
* Jorge Godinho, The Regulation of Gaming and Betting Contracts in the 1999 Macau Civil Code, Gaming Law Review, vol. 11, no. 3, 2007, 572 ff [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1007701]
* Governo de Macau, O Jogo em Macau, 1985.
* ANGELA LEONG, The “bate-ficha” business and triads in Macau casinos, QUEENSLAND U. OF TECH. L. & JUST. 84 (2002)
Wikimedia Foundation. 2010.
См. также в других словарях:
Gaming law — can be described as the set of rules and regulations that apply to the gaming or gambling industry. Gaming law is not exactly a branch of law in the traditional sense but rather a transversal gathering of a range of legal topics related to gaming … Wikipedia
Gaming control board — gaming license redirects here. For the roleplaying game license, see Open Game License. A gaming control board (GCB), also called by various names including gambling control board, casino control board, gambling board, and gaming commission) is a … Wikipedia
Gaming Control Board — or GCB is a governmental body or agency charged with regulating casino and other types of gaming in a defined geographical area, usually a state, and of enforcing gaming law in general. The official name of this regulatory body varies among… … Wikipedia
Macau — Aomen redirects here. For the island in the Pacific Ocean, see Aomen (Bikini Atoll). For other uses, see Macau (disambiguation). Coordinates: 22°10′N 113°33′E / 22.167°N 113.55°E … Wikipedia
Law enforcement in Macau — Infobox Law enforcement agency agencyname = Macau Security Force nativename = Forças de Segurança de Macau nativenamea = 澳門保安部隊 abbreviation = FSM motto = formed=1999 headquarters =Macau divisions = chief1name =Chan Peng Sam chief1position = as… … Wikipedia
Macau — <p></p> <p></p> Introduction ::Macau <p></p> Background: <p></p> Colonized by the Portuguese in the 16th century, Macau was the first European settlement in the Far East. Pursuant to an agreement… … The World Factbook
Legal system of Macau — Macau law is broadly based on Portuguese law, and therefore part of the civil law tradition of continental European legal systems. Portuguese law is itself highly influenced by German law. However, many other influences are present, including… … Wikipedia
Gambling in Macau — has been legal since the 1850s when the Portuguese government legalized the activity in the colony. Since then, Macau has become known worldwide as the Monte Carlo of the Orient , and gambling has become a significant part of the city s economy.… … Wikipedia
Wynn Macau — Casino infobox casino=Wynn Macau theme= Life Imitating Art address=Rua Cidade de Sintra, NAPE, Macau logo= rooms=600 date opened=September 6, 2006 space gaming=100,000 ft² attractions=Performance Lake shows= restaurants=Wing Lei Ristorante il… … Wikipedia
Crown Macau — is located on the northern side of Macau s Taipa Island. It is a self proclaimed 6 star casino hotel with 220 gaming tables, 500 gaming machines, and 216 guest rooms. At 160 meters, Crown Macau is the highest building in Taipa [… … Wikipedia