MACAU SAR, CHINA Law and Practice Contributed by: Pedro Cortés, Lektou
Note: the legislation on greyhound racing has not been revoked, despite there being no concession in place for that activity. Criminal Penalty Regime • Law No 6/97/M, dated 30 July 1997 (Organized Crime Act), partially revoked. • Law No 16/2001, with the amendments introduced by Law No 7/2002 (48-B establishes the crime of disobedience for entities that do not allow the authorities to enter the gaming premises subject to supervision, as well as administrative sanctions). • Law No 2/2006, dated 3 April 2006 (Anti-money Laundering Act). • Law No 3/2006, dated 3 April 2006 (Anti-terrorism Financing Act). • Administrative Regulation No 7/2006, dated 7 April 2006 (preventive measures for the crimes of money laundering and financing of terrorism). • Instruction No 1/2016, dated 21 April 2016, with amendments introduced by Instruction No 1/2019 (DICJ’s Instruction on Anti-money Laundering and Combatting the Financing of Terrorism for the Gaming Sector). • Law No 20/2024, dated 28 October 2024 (Law on Combating Illegal Gambling Crimes). 3.2 Definition of Gambling Gambling is defined under the Macau Gaming Law as “[games] in which the result is contingent because it depends exclusively or mainly on the luck of the player”. 3.3 Definition of Land-Based Gambling See 3.2 Definition of Gambling . 3.4 Definition of Online Gambling According to Article 2.1.2 of the Macau Gaming Law, interactive gaming encompasses games of fortune or chance under specific conditions that both define and restrict this category. • Interactive gaming must involve the opportunity to win a prize, which can either be in cash or another item of value. This prize offer is essential to the game’s structure and must be in accordance with the game’s official rules.
• Players participate through telecommunications technologies, including phones, fax, internet, data networks, video signals, or digital data transmis- sion, and players must either make, or agree to make, payments to engage in the game, whether in cash or other valuables. • Games must be offered or formally approved as casino games of chance, or as electronic or mechanical gaming machines within Macau casi- nos. 3.5 Key Offences There are different offences stated in the Macau gam- ing legal and regulatory framework with different pen- alties depending on the nature. Criminal Nature Under the Gaming Law, simple disobedience (Article 48-B) is a crime applying to individuals who obstruct inspection authorities, such as the DICJ or the Finan- cial Services Bureau, by refusing them entry, failing to allow them to complete inspections, or withholding requested documents and data. Law No 16/2022 introduced the crime of illicit depos- it (Article 40), which targets casino concessionaires, gaming promoters, and related personnel who accept funds not intended for gaming purposes. This offence is punishable by two to five years of imprisonment for individuals, with fines up to MOP10.5 million or judicial dissolution for entities. Disobedience (Article 41) under Law No 16/2022 reaf- firms penalties for refusal to comply with inspection authority requirements, supporting enforcement with- in Macau’s gaming regulatory environment. Regarding unlawful gambling, see 3.6 Penalties for Unlawful Gambling . Administrative Nature Under the Macau Gaming Law (Article 45), the Chief Executive may terminate a casino concession for threats to Macau’s or national security (that of China), significant obligation breaches, public interest, or unsuitability of the concessionaire. Concessions also end by mutual agreement, reversion, or expiration.
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