MACAU SAR, CHINA Law and Practice Contributed by: Pedro Cortés, Lektou
In addition (Article 47), the Chief Executive may unilat- erally terminate a concession for abandonment, non- payment, unauthorised transfer of rights, or unfulfilled investment obligations. All associated assets revert to Macau SAR without compensation. Finally, it should be noted that, according to Article 48, the Chief Executive may terminate a concession if the casino concessionaire endangers national or Macau’s security or is deemed unsuitable. Contractual Nature Casino concession contracts in Macau outline signifi- cant penalties for unauthorised actions, such as the transfer, disposal, or encumbrance of casino opera- tions. 3.6 Penalties for Unlawful Gambling Under Law No 20/2024, there are distinct penalties for unlawful gambling activities in Macau, with various offences covered. • Unlicensed games of chance – operating unauthor- ised games of chance is punishable by imprison- ment of one to eight years. Anyone collaborating in such activities can face up to three years in prison or a fine of up to 360 days. • Participation in unlawful games – engaging in illegal gambling is penalised with imprisonment of up to six months or a fine of up to 180 days. Being present in unauthorised gambling establishments may incur a fine of up to 90 days. • Unlicensed pari-mutuel betting – unauthorised pari-mutuel betting operators face one to eight years of imprisonment, while collaborators may receive up to three years in prison or a fine of up to 360 days. • Unlicensed online gambling – organising or pro- moting online games of chance or pari-mutuel betting without authorisation results in one to eight years of imprisonment. Negligence in such cases is also punishable. • Illegal lottery operations – running or selling unau- thorised lottery tickets may lead to prison sentenc- es of up to three years or fines of up to 360 days for operators, and up to two years or 240 days for unauthorised ticket sellers.
• Unlawful loans and currency exchange – providing loans for gambling purposes can result in prison terms of one to five years, or up to eight years if identification documents are used as guarantees. Unauthorised currency exchange related to gam- bling carries a maximum sentence of five years. • Coercion and fraud in gambling – coercing some- one to gamble through violence or threats is pun- ishable by two to eight years in prison. Fraudulent gambling practices or using counterfeit gaming tokens may lead to prison sentences of one to five years. The DICJ, organically under the Secretary for Econ- omy and Finance, is the public authority of Macau SAR responsible for collaborating in the formulation of gaming industry policies, implementing these poli- cies, and overseeing the regulation, supervision, and co-ordination of gaming operations and activities. Its organisation and functions are governed by Law No 19/2001, which defines its duties as follows: • assisting in defining, co-ordinating, and implement- ing gaming industry policies; • ensuring that casino gaming concessionaires, management companies, gaming promoters, and related entities abide by Macau SAR laws and uphold public interests; • supporting the drafting and refinement of gaming regulations and issuing necessary guidelines to relevant entities; • monitoring activities of casino gaming conces- sionaires, gaming promoters, and others to ensure compliance with legal and contractual require- ments; 4. Licensing and Regulatory Framework 4.1 Regulatory Authority • evaluating the financial capacity and suitability of concessionaires and other gaming-related entities; • overseeing all gaming activities to ensure they operate lawfully; • enforcing compliance with gaming laws; • tracking gross gambling revenue and other speci- fied earnings;
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