MACAU GAMING LAW
Unlike Hong Kong which tried to approve its own national security legislation as early as 2003, Macau’s first Chief Executive, Edmund Ho proposed a law to the Legislative Assembly which was approved in February, 2009. Law 2/2009, entitled “Law relating to the defense of State security” was drafted based on civil law concepts mainly influenced by Portuguese and Italian legal doctrines and legislation. 9 On May 18, 2023, Macau’s National Law was amended by Law 8/2023 which abandoned its pro-liberal influence and aligned its framework with the 2015 National Security Law of the People’s Republic of China (PRC) and implemented the “overall national security concept” ( ) a.k.a “comprehensive national security concept” introduced by President Xi Jinping. The impact of the “comprehensive national security concept” theory and the PRC National Security Law is clearly illustrated by Article 2(1) of the Macau National Security Law 2023, which uses the same definition of “national security” as Article 2 of the PRC National Security Law. 10 This definition encompasses both the status and ability to uphold national security across various domains. Xi Jinping’s reconfiguration of national security as a central tenet of CCP ideology and governance represents a significant shift in China’s political and strategic landscape. This transformation has far-reaching implications for both domestic and international spheres, especially given the expansive way the concept is being applied. Conclusion The adoption and prioritization of national security within Macau’s gaming industry, particularly following the amendments to the Macau Gaming Law, is set to have profound implications for the region’s socio-economic and
political landscape. As Macau navigates this new regulatory environment, several potential impacts emerge that could reshape its future. The emphasis on national security necessitates a shift away from an over-reliance on gaming revenues. The Macau government’s push for diversification into sectors such as healthcare, finance, technology, and culture are deemed essential for sustainable economic growth. This transition aims to foster resilience against external shocks, such as global economic downturns or geopolitical tensions that affect tourism. Stricter regulations surrounding ownership and operational compliance may deter foreign investment, particularly from U.S.-based gaming operators. If potential investors perceive the regulatory environment as unstable or overly politicized, they may seek opportunities in more favorable jurisdictions. This could lead to a contraction in the gaming sector, potentially diminishing tax revenues that are vital for public services and infrastructure development. The prioritization of national security may lead to heightened government oversight and control over the gaming industry. This shift could result in a more centralized decision-making process that limits the autonomy of casino operators and curtails their ability to respond swiftly to market changes. As Macau navigates this complex landscape, it will be crucial for policymakers to strike a balance between ensuring national security and fostering an environment conducive to economic growth and social well-being. The success of this endeavor will ultimately determine whether Macau can maintain its status as a leading global gaming destination while adapting to an evolving geopolitical context.
BRUNO BEATO ASCENÇÃO Attorney, Macau/Portugal LL.M. candidate in Gaming Law and Regulation at William S. Boyd School of Law, UNLV
9 See Han Zhu, Macau and Hong Kong: Convergence or Divergence? An Analysis of the 2023 Macau National Security Law, Hong Kong Law Journal, Vol. 54, Part 1 of 2024, pp.53 – 63. 10 National security is defined as “The state in which political power, sovereignty, the unity and territorial integrity of the State, the well-being of the people, the sustainable development of the economy and society, and other relevant state interests are relatively free from internal and external dangers and threats, as well as the capacity to ensure the maintenance of the state of security.”
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IMGL MAGAZINE | MARCH 2025
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