MACAU SAR, CHINA Law and Practice Contributed by: Pedro Cortés, Lektou
in inspection areas until the inspection is complete, or who fails to present and provide requested docu- ments and data as required by law. As mentioned, the recently enacted Law No 20/2024 also criminalises certain conducts with imprisonment of up to eight years. The Criminal Procedure Code in Macau governs the entire criminal process, starting with investigation and evidence collection, where the judiciary police con- duct inquiries, gather evidence, and collaborate with specialised agencies on financial crimes. Following this, the Public Prosecutions Office (MP) evaluates the evidence and decides on filing charges, ensuring due process in accordance with the Code. Judicial process and sentencing take place in court, where structured trials assess evidence and legal arguments. Sentences, including imprisonment and/or fines, are then imposed if defendants are found guilty by a deci- sion that cannot be appealed. Administrative Sanctions With the 2022 reform, the Macau Gaming Law now clearly defines administrative penalties for non-com- pliance, with fines scaled by the severity of the offence. Previously, administrative offences were managed under various laws, including those addressing illegal • minor offences – fines from MOP100,000 to MOP500,000 for violations like breaches in accounting or internal controls; • serious offences – fines between MOP600,000 and MOP1.5 million for failures to meet capital require- ments or similar infractions; and • grave offences – fines from MOP2 million to MOP5 million for severe violations such as unauthorised gaming or use of non-owned properties for gaming activities. Law No 16/2022 (Law on Operation of Casino Games) further specifies fines for specific infractions, such as up to MOP500,000 for failure to submit management contracts and up to MOP5 million for exceeding com- mission limits. Additional penalties can include partial gambling, AML, and advertising. Sanctions include the following:
or full casino closures for up to one year or public disclosure of the sanctions imposed. In addition to fines, the law authorises further sanc- tions, including temporary bans on credit extension or representation contracts for up to one year and mandatory public disclosure of violations. Law No 7/2024 (Credit for Casino Gaming Law) intro- duced administrative sanctions for non-compliance, with concessionaires and gaming promoters now face stricter financial penalties based on offence severity, as follows. • Severe violations – fines of MOP2 million to MOP5 million apply for unauthorised credit activities and critical regulatory breaches. • Moderate violations – fines from MOP600,000 to MOP1.5 million target failures in contract compli- ance and oversight. • Minor violations – fines of MOP100,000 to MOP500,000 are imposed for less serious infrac- tions. The severity of fines and additional sanctions under Law No 7/2024 is determined by key factors, includ- ing: • the gravity of the offence; • the harm caused; • the offender’s level of fault and financial capacity; • any benefits gained from the violation; and • the offender’s prior conduct. Administrative sanctions in all legal instances are imposed under the Administrative Procedure Code, which establishes the legal standards for handling these offences. Regulatory authorities such as the DICJ follow this Code’s structured procedures for investigating infractions, issuing fines, suspending licences, and applying other penalties, with adherence to due process and appeal rights. The DICJ serves as the primary enforcement body in the gaming industry, imposing sanctions for violations such as breaches of concession contracts or regulatory non-compliance.
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