MACAU GAMING LAW
Public Policy in the original version of the Macau Gaming Law The MGL was approved on September 24, 2001, marking the first time Macau established written public policies for an industry that has been legal since 1849. The scope and objectives of the MGL were set our as follows 1. to ensure that casino games of chance operate and function properly; 2. that those involved in monitoring, managing and operating casino games of chance are suitable for the performance of these functions and assumption of these responsibilities; 3. that casino games of chance operate and function in a fair, honest manner and free from criminal influence; 4. that the interests of the MSAR in collecting taxes from casino operations are duly protected; and 5. that tourism, social stability and economic development are promoted in the Macau Special Administrative Region. 6. the special law shall outlaw illegal gambling. 4 The fifth objective was introduced in the eleventh hour and sought to encourage social stability and foster economic growth in the MSAR through tourism. It was designed to safeguard the social benefits and interests of the public and can be seen as a precursor to the idea of national security, as it pertains to social stability. However, the concept of national security only began to be fully considered in government policy discussions from 2019. National Security as a new public policy objective in the MGL as amended by Law no. 7/2022 In 2022, the MSAR Government submitted two drafts proposals to the Legislative Assembly regarding the amendment of the MGL: the initial draft was dated January 14, 2022, whilst the
second and final draft was dated June 14, 2022 with objectives as follows: 1. The operation of casino games of chance is carried out under the premise of safeguarding national security and the Macau Special Administrative Region; 2. The promotion of adequate diversification and sustainable development of the Macau Special Administrative Region’s economy; 3. The operation of casino games of chance is carried out in a fair and honest manner; 4. The operation of casino games of chance free from criminal influence, ensuring that the operation of the casino align with the policies and mechanisms of the Macau Special Administrative Region regarding the fight against the illegal cross-border flow of capital and the prevention of money laundering and terrorism; 5. That the scale and operation of casino games of chance, as well as the practice of such games, are subject to legal restrictions; 6. That the individuals involved in the supervision, management and operation of casino games of chance are suitable to perform such duties; 7. That the interests of the Macau Special Administrative Region in the collection of taxes and other fees resulting from the operation of casinos are duly protected. A brief comparison with the original 2001 draft shows, among others, the introduction of the concept of national security, which has become recognized as the primary public policy objective of the amended Macau Gaming Law. By positioning it first among seven key objectives, the Government of the MSAR clearly demonstrates its commitment to ensuring that gaming does not become a source of instability that could jeopardize national security and the MSAR itself. 56 The Amended MGL re-ranked public policy objectives that transitioned from the original version with slight amendments
4 These translations and those below of the 2022 objectives are unofficial and were completed by the author, who assumes full responsibility for their accuracy. 5 Some contend that public policy objectives are not ranked in an hierarchical manner in the MGL, at least in its initial 2001 version, see Pedro Cortés, Macau Gaming Industry 8.0 – Public Policy Beyond 2022, Gaming Law Review 2021 6 Both Portuguese versions of the draft suggest that those drafting or translating the texts were not native Portuguese language speakers. Unlike with the MGL’s initial version, it appears that these practiced civil servants were not involved in the drafting process for Law No. 7/2022. This rais - es the question of whether the emphasis on national security justified the exclusion of Portuguese native speakers from the drafting process. It may also indicate the Central Government’s participation in the amendment of the MGL.See opinion of Prof. Nelson Rose, in Macau Business Special Report “New Gaming Law, a Beijing Tailored Suit”, January 2024 (https://www.macaubusiness.com/special-report-new-gaming-law-a-beijing- tailored-suit/).
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IMGL MAGAZINE | MARCH 2025
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