![\"\"](\"https://hogo.sgp1.digitaloceanspaces.com/macaubusiness/wp-content/uploads/2022/01/Picture2.png\")
![\"\"](\"https://hogo.sgp1.digitaloceanspaces.com/macaubusiness/wp-content/uploads/2024/04/casino-revenue-chips-150x150.jpg\")
\nAnt\u00f3nio Lobo Vilela\u00a0is a lawyer based in Macau
\n\n\n\nand the author of the Macau Gaming Law Book
\n\n\n\n\n\n\n\nAlthough not original, the idea of ‘incentivising’ Macau’s casino gaming concessionaires to attract international gamblers is interesting.
\n\n\n\nThis idea was introduced in the 2022 amendments to Macau\u2019s gaming laws, emphasising the need for concessionaires to broaden the base of foreign customers, understood as those who “enter the Macau SAR for tourism and commercial purposes and who hold a travel document issued by a country or region outside the People’s Republic of China.” The “descriptive memo” outlining the plans for the “expansion of foreign customer markets” has become a criterion in selecting and evaluating proposals for awarding concessions to operate casino games of chance. In addition, the “origin of international visitors” was deemed of public interest and listed in the Investment Plans attached to the concession contracts as the first of the nine areas to be covered by the investment projects. Furthermore, a clause on the “expansion of foreign customer markets” is now mandatory in concession contracts. The one included requires concessionaires to implement these plans per the content and criteria of the awarding proposals submitted.
\n\n\n\nUnlike the tax exemption on the profits from operating casino games of chance (and their distribution to shareholders), which was granted by the Chief Executive without any (known) consideration to support the “expansion of foreign customer markets,” concessionaires can benefit from a reduction or exemption of up to 5 per cent of gross gaming revenues (which corresponded to USD 1.14 billion in 2023).
\n\n\n\nThe implementation of plans for the “expansion of foreign customer markets” began on January 1, 2023, but has not been successful thus far. Official figures show that in 2023, only 5.17 per cent of total arrivals (approximately 1.46 million people) were foreign passport holders, representing 48 per cent of the number of foreign visitors that Macau had in 2019, before the pandemic.
\n\n\n\n![\"\"](\"https://hogo.sgp1.digitaloceanspaces.com/macaubusiness/wp-content/uploads/2022/08/CKK_5228-1028x685.jpg\")
Several reasons can be cited for this failure.
\n\n\n\nFirstly, the inertia of the concessionaires derived from the lack of need to expand their existing player base, especially when the number of gamblers from mainland China is on an upward curve. Secondly, the (natural) lack of ability of concessionaires to promote casino games of chance on a large scale, a role previously carried out by gaming promoters replaced by the so-called “money changers” who simply ‘make funds available’ to gamblers in Macau while snaking around casinos. Thirdly, after a cost-benefit analysis, some concessionaires may not see the justification in the “expansion of foreign customers markets,” even if they use the (generous) percentage of the investment obligation totalling MOP 142.65 billion for the ten years of the concessions (the execution of which is not yet known) earmarked for ‘operating expenses.’
\n\n\n\nThe adoption of the same idea had a different fate in Singapore. When the city-state decided to legalise gambling, it did so with the main political objective of establishing itself as a true tourist destination. It used the excess Return on Invested Capital (ROIC) and the profits generated by a quasi-monopolistic casino industry as a driving force to reinforce its status as a tourist destination for visitors from afar, rather than as a destination for overnight stays or a casino market for locals.
\n\n\n\nCreating barriers to market entry, especially in the case of monopolies or quasi-monopolies, allows a jurisdiction to charge a higher economic rent. Singapore, however, has opted for a different approach, preferring the long-term economic benefits of attracting tourists from far and wide. Despite only allowing two licences to operate casino gaming, Singapore’s current tiered gaming tax rate structure is 8 or 12% for VIP gaming and 18 or 22% for non-VIP gaming. This differentiation aims to incentivise Singaporean casino operators to focus on attracting VIP gamblers while also creating a competitive advantage for their casinos over other jurisdictions, particularly Macau, where the overall tax rate on gaming is five times higher than the lowest rate applied in Singapore.
\n\n\n\n![\"\"](\"https://hogo.sgp1.digitaloceanspaces.com/macaubusiness/wp-content/uploads/2023/05/wengang-zhai-Jg5de3v42y0-unsplash.jpg\")
To this extent, it is not surprising that, for example, Venetian, which also operates in Singapore, is not primarily motivated to implement any plan to attract international gamblers to Macau in exchange for a tax reduction or exemption of up to 5 per cent of the 40 per cent overall tax rate on gaming, when in Singapore it only pays 8 or 12 per cent. The same applies to Melco about the jurisdictions where it operates and where the gaming tax is significantly lower. The same is true for MGM and Wynn, which also operate in Nevada, where the tax rate is 6.75 per cent.
\n\n\n\n
All that remains for Macau is to eventually shuffle the cards and use pragmatism to recognise that the bet was international, but the result is regional.
On the other hand, international gamblers generally have a less gambling-centred attitude than gamblers from mainland China. They are also less likely to participate in excursions and let people decide when and where to gamble. This means that a concessionaire may incur costs to bring players to Macau who end up (also) playing in competing casinos, perhaps looking for the hustle and bustle that can’t be found in the isolated foreigner-only gaming rooms.
\n\n\n\nIn addition, the introduction of chips and gaming tables with radio frequency identification (RFID) functionality may, for privacy reasons, not be conducive to attracting international gamblers, who prefer to remain anonymous during their forays into casinos.
\n\n\n\nFinally, emerging new gaming jurisdictions in Southeast Asia, notably Thailand, could be another factor in international gamblers’ deviation.
\n\n\n\nAll that remains for Macau is to eventually shuffle the cards and use pragmatism to recognise that the bet was international, but the result is regional.
\n\n\n\nMoreover, the bet was not just lost on the “expansion of foreign customer markets.” The same can be said for Air Macau, Macau Airport, the University of Macau, Macau Union Hospital, Macau Jockey Club, taxis, Uber, outdoor seating areas, ‘modern finance’\u2026 and, most recently, the Macau Grand Prix Formula 3, replaced by a simple ‘Macau Prix’ Formula Regional.
\n\n\n\n\n", "content_text": "Ant\u00f3nio Lobo Vilela\u00a0is a lawyer based in Macau \n\n\n\nand the author of the Macau Gaming Law Book\n\n\n\n(www.macaugaminglaw.com)\n\n\n\n\n\n\n\nAlthough not original, the idea of ‘incentivising’ Macau’s casino gaming concessionaires to attract international gamblers is interesting.\n\n\n\nThis idea was introduced in the 2022 amendments to Macau\u2019s gaming laws, emphasising the need for concessionaires to broaden the base of foreign customers, understood as those who “enter the Macau SAR for tourism and commercial purposes and who hold a travel document issued by a country or region outside the People’s Republic of China.” The “descriptive memo” outlining the plans for the “expansion of foreign customer markets” has become a criterion in selecting and evaluating proposals for awarding concessions to operate casino games of chance. In addition, the “origin of international visitors” was deemed of public interest and listed in the Investment Plans attached to the concession contracts as the first of the nine areas to be covered by the investment projects. Furthermore, a clause on the “expansion of foreign customer markets” is now mandatory in concession contracts. The one included requires concessionaires to implement these plans per the content and criteria of the awarding proposals submitted.\n\n\n\nUnlike the tax exemption on the profits from operating casino games of chance (and their distribution to shareholders), which was granted by the Chief Executive without any (known) consideration to support the “expansion of foreign customer markets,” concessionaires can benefit from a reduction or exemption of up to 5 per cent of gross gaming revenues (which corresponded to USD 1.14 billion in 2023).\n\n\n\nThe implementation of plans for the “expansion of foreign customer markets” began on January 1, 2023, but has not been successful thus far. Official figures show that in 2023, only 5.17 per cent of total arrivals (approximately 1.46 million people) were foreign passport holders, representing 48 per cent of the number of foreign visitors that Macau had in 2019, before the pandemic.\n\n\n\n\n\n\n\nSeveral reasons can be cited for this failure.\n\n\n\nFirstly, the inertia of the concessionaires derived from the lack of need to expand their existing player base, especially when the number of gamblers from mainland China is on an upward curve. Secondly, the (natural) lack of ability of concessionaires to promote casino games of chance on a large scale, a role previously carried out by gaming promoters replaced by the so-called “money changers” who simply ‘make funds available’ to gamblers in Macau while snaking around casinos. Thirdly, after a cost-benefit analysis, some concessionaires may not see the justification in the “expansion of foreign customers markets,” even if they use the (generous) percentage of the investment obligation totalling MOP 142.65 billion for the ten years of the concessions (the execution of which is not yet known) earmarked for ‘operating expenses.’\n\n\n\nThe adoption of the same idea had a different fate in Singapore. When the city-state decided to legalise gambling, it did so with the main political objective of establishing itself as a true tourist destination. It used the excess Return on Invested Capital (ROIC) and the profits generated by a quasi-monopolistic casino industry as a driving force to reinforce its status as a tourist destination for visitors from afar, rather than as a destination for overnight stays or a casino market for locals.\n\n\n\nCreating barriers to market entry, especially in the case of monopolies or quasi-monopolies, allows a jurisdiction to charge a higher economic rent. Singapore, however, has opted for a different approach, preferring the long-term economic benefits of attracting tourists from far and wide. Despite only allowing two licences to operate casino gaming, Singapore’s current tiered gaming tax rate structure is 8 or 12% for VIP gaming and 18 or 22% for non-VIP gaming. This differentiation aims to incentivise Singaporean casino operators to focus on attracting VIP gamblers while also creating a competitive advantage for their casinos over other jurisdictions, particularly Macau, where the overall tax rate on gaming is five times higher than the lowest rate applied in Singapore.\n\n\n\n\n\n\n\nTo this extent, it is not surprising that, for example, Venetian, which also operates in Singapore, is not primarily motivated to implement any plan to attract international gamblers to Macau in exchange for a tax reduction or exemption of up to 5 per cent of the 40 per cent overall tax rate on gaming, when in Singapore it only pays 8 or 12 per cent. The same applies to Melco about the jurisdictions where it operates and where the gaming tax is significantly lower. The same is true for MGM and Wynn, which also operate in Nevada, where the tax rate is 6.75 per cent.\n\n\n\n All that remains for Macau is to eventually shuffle the cards and use pragmatism to recognise that the bet was international, but the result is regional. \n\n\n\nOn the other hand, international gamblers generally have a less gambling-centred attitude than gamblers from mainland China. They are also less likely to participate in excursions and let people decide when and where to gamble. This means that a concessionaire may incur costs to bring players to Macau who end up (also) playing in competing casinos, perhaps looking for the hustle and bustle that can’t be found in the isolated foreigner-only gaming rooms.\n\n\n\nIn addition, the introduction of chips and gaming tables with radio frequency identification (RFID) functionality may, for privacy reasons, not be conducive to attracting international gamblers, who prefer to remain anonymous during their forays into casinos.\n\n\n\nFinally, emerging new gaming jurisdictions in Southeast Asia, notably Thailand, could be another factor in international gamblers’ deviation.\n\n\n\nAll that remains for Macau is to eventually shuffle the cards and use pragmatism to recognise that the bet was international, but the result is regional.\n\n\n\nMoreover, the bet was not just lost on the “expansion of foreign customer markets.” The same can be said for Air Macau, Macau Airport, the University of Macau, Macau Union Hospital, Macau Jockey Club, taxis, Uber, outdoor seating areas, ‘modern finance’\u2026 and, most recently, the Macau Grand Prix Formula 3, replaced by a simple ‘Macau Prix’ Formula Regional.", "date_published": "June 03, 2024", "date_modified": "June 03, 2024 - 22:52", "author": { "name": "Ant\u00f3nio Lobo Vilela", "url": "https://www.macaubusiness.com/author/avilela/", "avatar": "https://secure.gravatar.com/avatar/d2a8ffae8f0ca7337aa634d77eb3ce86?s=512&d=mm&r=g" }, "image": "https://hogo.sgp1.digitaloceanspaces.com/macaubusiness/wp-content/uploads/2024/04/casino-revenue-chips.jpg", "tags": [ "Gaming", "Macau", "Macau Business", "MAG", "MB", "MB Featured", "Opinion" ], "summary": "All that remains for Macau is to eventually shuffle the cards and use pragmatism to recognise that the bet was international, but the result is regional" }, { "id": "https://www.macaubusiness.com/opinion-hotel-central-macaus-first-integrated-casino-hotel/", "url": "https://www.macaubusiness.com/opinion-hotel-central-macaus-first-integrated-casino-hotel/", "title": "OPINION \u2013 Hotel Central, Macau\u2019s first integrated casino-hotel", "content_html": "![\"\"](\"https://hogo.sgp1.digitaloceanspaces.com/macaubusiness/wp-content/uploads/2024/05/IMG-20240508-WA0002-150x150.jpg\")
\nAnt\u00f3nio Lobo Vilela is a lawyer based in Macau and the author of the Macau Gaming Law Book
\n\n\n\n(www.macaugaminglaw.com)
\n\n\n\nBy Ant\u00f3nio Lobo Vilela
\n\n\n\nAt a friend’s kind invitation, I had the pleasure of experiencing a trial stay with my wife at the iconic and recently renovated Hotel Central before it opened to the public.
\n\n\n\nThe Hotel Central is situated on Avenida de Almeida Ribeiro, Macau\u2019s main shopping area, and is easily spotted by the “\u65b0\u4e2d\u592e” (New Central) neon billboard on its rooftop. The hotel (then with 80 rooms) was inaugurated on July 22, 1928, as “President Hotel” by Governor Tamagnini Barbosa. Later, on October 31, 1930, it was renovated and renamed “Grand Hotel Central” by the Iun Iun Company. The Macau government had granted Iun Iun a concession to operate casino games of chance for the first time on a monopoly basis to enhance tax revenues and stimulate economic growth.
\n\n\n\nIn 1937, a new era began as the Tai Heng Company, the new monopolistic casino gaming concessionaire linked to Fu Tak Iam and Kou Ho Neng, took over and transformed the hotel, reopening on May 18, 1937, as “Hotel Central.” For 24 years, seven months, and 13 days (from May 18, 1937, to December 31, 1961), and after three consecutive three-year casino gaming concession contracts (1937-1946), followed by another seven successive two-year contracts (1946-1961), the Hotel Central stood as a symbol of luxury and elegance, and the stage par excellence for casino gaming in Macau.
\n\n\n\nHotel Central was the first destination in Macau to offer casino gaming along with other attractions, foreshadowing what is now known as an “integrated resort” or “IR.”
\n\n\n\n![\"\"](\"https://hogo.sgp1.digitaloceanspaces.com/macaubusiness/wp-content/uploads/2024/01/IMG_0473.jpg\")
The casino had a luxurious and classic design with avant-garde management, operating on the fourth and seventh floors. Its unique feature was the small reed baskets sent down by cord from the surrounding balconies. These balconies were reserved for members of the Chinese haute monde, mandarins, and other high-ranking officials who wanted to enjoy the game without being noticed by the commoners below. They used the baskets to place their bets, then quickly whisked them off to the croupier. The casino employees donned green and white uniforms, colours that favoured the casino, as Fu Tak Iam, superstitiously, believed red brought bad luck and forbade it from being worn.
\n\n\n\nThe casino offered its patrons (mainly from Hong Kong and mainland China) a variety of games, including fantan, cussec, and p’ai kao. It provided free cigarettes, fruit, food, and Chinese opera performances. The hotel had lavish rooms and boasted ten dining rooms (with chefs from Guangdong), a roof garden, a cinematograph room (comparable to those in Hong Kong or Shanghai), a bar with billiards, a hairdresser, live concerts, nightclubs with dance ballrooms (where dancers were always ready to dance by the hour or by the song), and cabaret shows, including the renowned Grand Central Cabaret. It was also the first building in Macau to have lifts: two, with a capacity for nine people each, used by crowds who went up to see the astounding view from the rooftop. Additionally, it was the first hotel to house a refrigerator, a novelty in Macau at the time. In the late 1940s and 1950s, the hotel’s sixth floor was home to the Golden City restaurant, considered one of the best in town.
\n\n\n\nThe Hotel Central is part of Macau’s collective memory and is a shining example of the innovative initiatives the Macau government should nurture, develop, and even sponsor.
The Hotel Central was Macau’s first skyscraper and the tallest building in the Portuguese Empire, a fact used by the hotel to promote itself. Initially, the building only had seven floors, but four more were added. One was in 1937, and the other three were decided in 1941 due to the ongoing construction of the International Hotel (an Art Deco building a few blocks down the road, in Inner Harbour, also recently revamped and reopened as \u201cGrande Hotel Macau\u201d), projected to have nine floors. However, the Macau government rejected the extension project on safety grounds, and only after an appeal to the Portuguese Supreme Court of Justice was it allowed to move forward.
\n\n\n\nThe Hotel Central has a rich history, with many stories of intrigue and danger, particularly during the Second Sino-Japanese War (1937-1945) when many refugees flooded Macau. Spies have been known to frequent its hallways (and gamble). The hotel was also a popular spot for gangsters, leading to occasional bomb attacks. While these attacks have only caused minor damage and no injuries, there have been several suicides by desperate gamblers and a few murders within the hotel.
\n\n\n\nDuring the 1940s and 1950s, the Hotel Central was the setting for multiple cinema movies, including “Macau,” starring famous actors Jane Russell and Robert Mitchum. Clark Gable, William Holden, and Ian Fleming were among the celebrities who stayed at the hotel.
\n\n\n\nCommissioned by the Sunday Times in 1959 to explore and write about fourteen exotic cities, including Macau, Ian Fleming wrote about Hotel Central:
\n\n\n\n\u201c[t]he Central Hotel is not precisely a hotel. It is a nine-storey skyscraper, by far the largest building in Macao, and it is devoted solely to the human so-called vices. It has one more original feature. The higher up the building you go, the more beautiful and expensive are the girls, the higher the stakes at the gambling tables, and the better the music. Thus, on the ground floor, the honest coolie can choose a girl of his own class and gamble for pennies by lowering his bet on a fishing-rod contraption through a hole in the floor on to the gaming tables below. Those with longer pockets can progress upwards through various heavens until they reach the earthly paradise on the sixth floor. Above this are the bedrooms. In the pursuit of information which would be in accordance with the readership of the Sunday Times, it was a matter of course that, very soon after our arrival at the Central Hotel, Dick Hughes and I should take the lift to the sixth floor.\u201d
\n\n\n\nIn 1962, the casino gaming concession was awarded to another entity, STDM, causing Hotel Central to decay slowly after the closure of its casino. In 2016, in a bold move, the Lek Hang Group purchased it for around MOP$1.5 billion (USD$187.5 million) and restored it according to the principle of’restoring the old to the old.’ They renovated it while maintaining its historical charm, creating a whole new thing. Even before opening to the public, it had already won the ‘Annual Designer’s Boutique Hotel’ prize for 2024 at the 19th China Tourism and Culture Starlight Awards.
\n\n\n\nThese initiatives are crucial in giving Macau uniqueness and cultural identity, setting it apart from becoming an extension of Zhuhai or an appendage of Hengqin.
The Hotel Central is reopening, with 114 rooms themed to specific eras in the hotel’s history. The fifth and sixth floors are dedicated to the 1920s, focusing on comfortable and relaxed decor. The seventh and eighth floors depict the 1930s and provide historical imprints, recreating Macau’s historic landmarks a century ago. The ninth and tenth floors pay homage to the 1940s, building a bridge between the historic and contemporary Hotel Central. The 360-degree panoramic view from the open-air rooftop promenade remains breathtaking.
\n\n\n\nThe Hotel Central is part of Macau’s collective memory and is a shining example of the innovative initiatives the Macau government should nurture, develop, and even sponsor. These initiatives are crucial in giving Macau uniqueness and cultural identity, setting it apart from becoming an extension of Zhuhai or an appendage of Hengqin. Notably, while it is still unknown what the MOP$142.65 billion (USD$17.8 billion) investment plan of the’six major integrated tourism and leisure companies\u2019 for ten years starting in January 2023 entails, initiatives such as Hotel Central are key to the desired path to diversification and go the extra mile to achieve the goal of making Macau into a truly world centre of tourism and leisure.
\n\n\n\nThe renovated Hotel Central is a testament to the magic and wonder that can be achieved through dedication to excellence.
\n\n\n\nBest wishes to Hotel Central!
\n\n\n\n[Note: Most of the facts mentioned are from an article co-authored with Pedro Cort\u00e9s, entitled \u201cUncle Stanley, The Dancing King of Gambling Who Promised and Delivered the Moon,\u201d published in the journal Gaming Law Review, vol. 23, no. 3, April 2022].
\n\n\n\n\n", "content_text": "Ant\u00f3nio Lobo Vilela is a lawyer based in Macau and the author of the Macau Gaming Law Book\n\n\n\n(www.macaugaminglaw.com)\n\n\n\nBy Ant\u00f3nio Lobo Vilela \n\n\n\n\n\n\n\n\n\n\n\nAt a friend’s kind invitation, I had the pleasure of experiencing a trial stay with my wife at the iconic and recently renovated Hotel Central before it opened to the public.\n\n\n\nThe Hotel Central is situated on Avenida de Almeida Ribeiro, Macau\u2019s main shopping area, and is easily spotted by the “\u65b0\u4e2d\u592e” (New Central) neon billboard on its rooftop. The hotel (then with 80 rooms) was inaugurated on July 22, 1928, as “President Hotel” by Governor Tamagnini Barbosa. Later, on October 31, 1930, it was renovated and renamed “Grand Hotel Central” by the Iun Iun Company. The Macau government had granted Iun Iun a concession to operate casino games of chance for the first time on a monopoly basis to enhance tax revenues and stimulate economic growth.\n\n\n\nIn 1937, a new era began as the Tai Heng Company, the new monopolistic casino gaming concessionaire linked to Fu Tak Iam and Kou Ho Neng, took over and transformed the hotel, reopening on May 18, 1937, as “Hotel Central.” For 24 years, seven months, and 13 days (from May 18, 1937, to December 31, 1961), and after three consecutive three-year casino gaming concession contracts (1937-1946), followed by another seven successive two-year contracts (1946-1961), the Hotel Central stood as a symbol of luxury and elegance, and the stage par excellence for casino gaming in Macau.\n\n\n\nHotel Central was the first destination in Macau to offer casino gaming along with other attractions, foreshadowing what is now known as an “integrated resort” or “IR.”\n\n\n\n\n\n\n\nThe casino had a luxurious and classic design with avant-garde management, operating on the fourth and seventh floors. Its unique feature was the small reed baskets sent down by cord from the surrounding balconies. These balconies were reserved for members of the Chinese haute monde, mandarins, and other high-ranking officials who wanted to enjoy the game without being noticed by the commoners below. They used the baskets to place their bets, then quickly whisked them off to the croupier. The casino employees donned green and white uniforms, colours that favoured the casino, as Fu Tak Iam, superstitiously, believed red brought bad luck and forbade it from being worn.\n\n\n\nThe casino offered its patrons (mainly from Hong Kong and mainland China) a variety of games, including fantan, cussec, and p’ai kao. It provided free cigarettes, fruit, food, and Chinese opera performances. The hotel had lavish rooms and boasted ten dining rooms (with chefs from Guangdong), a roof garden, a cinematograph room (comparable to those in Hong Kong or Shanghai), a bar with billiards, a hairdresser, live concerts, nightclubs with dance ballrooms (where dancers were always ready to dance by the hour or by the song), and cabaret shows, including the renowned Grand Central Cabaret. It was also the first building in Macau to have lifts: two, with a capacity for nine people each, used by crowds who went up to see the astounding view from the rooftop. Additionally, it was the first hotel to house a refrigerator, a novelty in Macau at the time. In the late 1940s and 1950s, the hotel’s sixth floor was home to the Golden City restaurant, considered one of the best in town.\n\n\n\nThe Hotel Central is part of Macau’s collective memory and is a shining example of the innovative initiatives the Macau government should nurture, develop, and even sponsor. \n\n\n\nThe Hotel Central was Macau’s first skyscraper and the tallest building in the Portuguese Empire, a fact used by the hotel to promote itself. Initially, the building only had seven floors, but four more were added. One was in 1937, and the other three were decided in 1941 due to the ongoing construction of the International Hotel (an Art Deco building a few blocks down the road, in Inner Harbour, also recently revamped and reopened as \u201cGrande Hotel Macau\u201d), projected to have nine floors. However, the Macau government rejected the extension project on safety grounds, and only after an appeal to the Portuguese Supreme Court of Justice was it allowed to move forward.\n\n\n\nThe Hotel Central has a rich history, with many stories of intrigue and danger, particularly during the Second Sino-Japanese War (1937-1945) when many refugees flooded Macau. Spies have been known to frequent its hallways (and gamble). The hotel was also a popular spot for gangsters, leading to occasional bomb attacks. While these attacks have only caused minor damage and no injuries, there have been several suicides by desperate gamblers and a few murders within the hotel.\n\n\n\nDuring the 1940s and 1950s, the Hotel Central was the setting for multiple cinema movies, including “Macau,” starring famous actors Jane Russell and Robert Mitchum. Clark Gable, William Holden, and Ian Fleming were among the celebrities who stayed at the hotel.\n\n\n\nCommissioned by the Sunday Times in 1959 to explore and write about fourteen exotic cities, including Macau, Ian Fleming wrote about Hotel Central:\n\n\n\n\u201c[t]he Central Hotel is not precisely a hotel. It is a nine-storey skyscraper, by far the largest building in Macao, and it is devoted solely to the human so-called vices. It has one more original feature. The higher up the building you go, the more beautiful and expensive are the girls, the higher the stakes at the gambling tables, and the better the music. Thus, on the ground floor, the honest coolie can choose a girl of his own class and gamble for pennies by lowering his bet on a fishing-rod contraption through a hole in the floor on to the gaming tables below. Those with longer pockets can progress upwards through various heavens until they reach the earthly paradise on the sixth floor. Above this are the bedrooms. In the pursuit of information which would be in accordance with the readership of the Sunday Times, it was a matter of course that, very soon after our arrival at the Central Hotel, Dick Hughes and I should take the lift to the sixth floor.\u201d\n\n\n\nIn 1962, the casino gaming concession was awarded to another entity, STDM, causing Hotel Central to decay slowly after the closure of its casino. In 2016, in a bold move, the Lek Hang Group purchased it for around MOP$1.5 billion (USD$187.5 million) and restored it according to the principle of’restoring the old to the old.’ They renovated it while maintaining its historical charm, creating a whole new thing. Even before opening to the public, it had already won the ‘Annual Designer’s Boutique Hotel’ prize for 2024 at the 19th China Tourism and Culture Starlight Awards.\n\n\n\nThese initiatives are crucial in giving Macau uniqueness and cultural identity, setting it apart from becoming an extension of Zhuhai or an appendage of Hengqin.\n\n\n\nThe Hotel Central is reopening, with 114 rooms themed to specific eras in the hotel’s history. The fifth and sixth floors are dedicated to the 1920s, focusing on comfortable and relaxed decor. The seventh and eighth floors depict the 1930s and provide historical imprints, recreating Macau’s historic landmarks a century ago. The ninth and tenth floors pay homage to the 1940s, building a bridge between the historic and contemporary Hotel Central. The 360-degree panoramic view from the open-air rooftop promenade remains breathtaking.\n\n\n\nThe Hotel Central is part of Macau’s collective memory and is a shining example of the innovative initiatives the Macau government should nurture, develop, and even sponsor. These initiatives are crucial in giving Macau uniqueness and cultural identity, setting it apart from becoming an extension of Zhuhai or an appendage of Hengqin. Notably, while it is still unknown what the MOP$142.65 billion (USD$17.8 billion) investment plan of the’six major integrated tourism and leisure companies\u2019 for ten years starting in January 2023 entails, initiatives such as Hotel Central are key to the desired path to diversification and go the extra mile to achieve the goal of making Macau into a truly world centre of tourism and leisure.\n\n\n\nThe renovated Hotel Central is a testament to the magic and wonder that can be achieved through dedication to excellence.\n\n\n\nBest wishes to Hotel Central!\n\n\n\n[Note: Most of the facts mentioned are from an article co-authored with Pedro Cort\u00e9s, entitled \u201cUncle Stanley, The Dancing King of Gambling Who Promised and Delivered the Moon,\u201d published in the journal Gaming Law Review, vol. 23, no. 3, April 2022].", "date_published": "May 08, 2024", "date_modified": "May 08, 2024 - 19:58", "author": { "name": "Ant\u00f3nio Lobo Vilela", "url": "https://www.macaubusiness.com/author/avilela/", "avatar": "https://secure.gravatar.com/avatar/d2a8ffae8f0ca7337aa634d77eb3ce86?s=512&d=mm&r=g" }, "image": "https://hogo.sgp1.digitaloceanspaces.com/macaubusiness/wp-content/uploads/2024/05/IMG-20240508-WA0002.jpg", "tags": [ "Macau", "Macau Business", "MAG", "MB", "MB Featured", "Opinion" ], "summary": "At a friend's kind invitation, I had the pleasure of experiencing a trial stay with my wife at the iconic and recently renovated Hotel Central before it opened to the public." }, { "id": "https://www.macaubusiness.com/opinion-sharing-of-casino-revenues/", "url": "https://www.macaubusiness.com/opinion-sharing-of-casino-revenues/", "title": "OPINION \u2013 Sharing of casino revenues", "content_html": "\nAnt\u00f3nio Lobo Vilela is a lawyer based in Macau and the author of the Macau Gaming Law Book
\n\n\n\n\n\n\n\n\n\n\n\nThe 2022 amendments to Macau’s gaming laws have established clear boundaries for the\u00a0players\u00a0in the thriving Macanese casino gaming industry. While there is some unnecessary rigidity, this is a notable achievement. This is what a report in which I participated concluded.
\n\n\n\nThe ban on sub-concessions, which were once authorised to resolve a one-time tender issue and avoid political embarrassment, is a significant development.
\n\n\n\nAdditionally, management companies of casino gaming concessionaires have been eliminated as they proved worthless during the reign of the previous casino gaming concessions/sub-concessions. Casino gaming concessionaires are now prohibited from entering into agreements that allow another entity to assume management powers over them. Any such agreement is null and void.
\n\n\n\nFurthermore, the Macau government has finally and specifically addressed the issue of \u2018satellite casinos\u2019\u2013 those run on premises not owned by casino gaming concessionaires or leased from the Macau SAR and named in clause 10/2 of the concession contracts (named in the past by the legal advisors to the former Macau Gaming Commission as the ‘fourth legal entitlement\u2019). For those’satellite casinos\u2019 currently operating, a three-year grace period has been granted from January 1, 2023, during which they can continue to operate as before. This grace period is intended to allow for a transition from revenue-sharing entities to casino management companies \u2013 a new player in the gaming industry \u2013 in case an agreement is reached with the respective casino gaming concessionaire. Casino management companies are entitled to a specific management fee and nothing else. Still, \u2018satellite casinos\u2019 must close if no deal is reached. This is a likely scenario for the 17 currently operating \u2018satellite casinos\u2019 (casinos Landmark, Grandview, Kam Pek Paradise, Casa Real, Fortuna, Emperor Palace, Pier 16, Le Royal Arc, Legend Palace, Waldo, and Grand Dragon, and Mocha’s six slot machine parlours), and a concern for those shareholders listed in stock exchanges.
\n\n\n\nIn simpler terms, any agreement or arrangement in which a casino gaming concessionaire shares its casino (gross or net) revenues with a third party or makes or promises to make payments based on such revenues is strictly illegal
The 2022 amendments have also introduced strict rules against sharing \u2018casino revenues,\u2019 a broad expression that shall be construed as including any revenue generated at the casinos, gross or net. The prohibition on sharing casino revenues is inflexible as it does not allow exceptions save for the ‘satellite casinos’ during the three-year grace period. No third parties, including casino gaming promoters and casino management companies, can actively or passively participate in the profits and losses generated by casino gaming tables and machines. Conversely, no casino gaming concessionaire can legally share any revenues its casinos generate.
\n\n\n\nThe prohibition is a corollary of the principle of a public tender, which mandates that the Macau SAR can only award casino gaming concessions to private companies through an administrative concession contract following a public tender. Additionally, preventing the Macau government from waking up in bed with someone else is a logical outcome of the assessment of suitability implemented,.
\n\n\n\nThis prohibition is also a critical regulatory measure implemented by the Macau government to ensure the casino gaming industry’s transparency, integrity, and stability. Therefore, it must be strictly enforced. Macau’s gaming laws and regulations must contain best practices for regulating games of chance, but upholding the highest regulatory oversight and governance standards is equally crucial. To achieve this, it is essential to give the casino gaming regulator all the necessary means to investigate and pursue any potential violation.
\n\n\n\nThe harsh punishments that can be imposed highlight the seriousness of misconduct. These penalties may be legal or contractual and may include additional consequences, such as shutting down casinos for one month to one year and publicising the decision in the press by extract.
\n\n\n\nViolating the prohibition on sharing casino revenues could result in the revocation of the casino gaming concession due to failure to fulfil legal or contractual obligations. Additionally, it is considered a grave administrative offence subject to a fine ranging from 2 to 5 million patacas.
\n\n\n\nThe sharing of casino revenues also constitutes the assignment or encumbrance of the right to operate a casino in part or in whole, requiring the payment of a penalty clause to the Macau SAR of either 600 million, 1 billion, or 2 billion patacas, depending on the circumstances. This situation is outlined in clause 78 of the concession contracts.
\n\n\n\nAccording to the current law, the Macau government is barred from approving or authorising contracts that involve casino revenue sharing. Such agreements were previously used to operate \u2018satellite casinos,\u2019 also known as “Provision of Services and Licence for the Occupation and Use of Spaces.” The existing \u2018satellite casinos\u2019 contracts will expire after the three-year grace period and cannot be renewed.
\n\n\n\nIn simpler terms, any agreement or arrangement in which a casino gaming concessionaire shares its casino (gross or net) revenues with a third party or makes or promises to make payments based on such revenues is strictly illegal.
\n\n\n\nAny attempt to pursue such practices or maintain them defies gravity!
\n", "content_text": "Ant\u00f3nio Lobo Vilela is a lawyer based in Macau and the author of the Macau Gaming Law Book\n\n\n\n(www.macaugaminglaw.com)\n\n\n\n\n\n\n\nThe 2022 amendments to Macau’s gaming laws have established clear boundaries for the\u00a0players\u00a0in the thriving Macanese casino gaming industry. While there is some unnecessary rigidity, this is a notable achievement. This is what a report in which I participated concluded.\n\n\n\nThe ban on sub-concessions, which were once authorised to resolve a one-time tender issue and avoid political embarrassment, is a significant development.\n\n\n\nAdditionally, management companies of casino gaming concessionaires have been eliminated as they proved worthless during the reign of the previous casino gaming concessions/sub-concessions. Casino gaming concessionaires are now prohibited from entering into agreements that allow another entity to assume management powers over them. Any such agreement is null and void.\n\n\n\nFurthermore, the Macau government has finally and specifically addressed the issue of \u2018satellite casinos\u2019\u2013 those run on premises not owned by casino gaming concessionaires or leased from the Macau SAR and named in clause 10/2 of the concession contracts (named in the past by the legal advisors to the former Macau Gaming Commission as the ‘fourth legal entitlement\u2019). For those’satellite casinos\u2019 currently operating, a three-year grace period has been granted from January 1, 2023, during which they can continue to operate as before. This grace period is intended to allow for a transition from revenue-sharing entities to casino management companies \u2013 a new player in the gaming industry \u2013 in case an agreement is reached with the respective casino gaming concessionaire. Casino management companies are entitled to a specific management fee and nothing else. Still, \u2018satellite casinos\u2019 must close if no deal is reached. This is a likely scenario for the 17 currently operating \u2018satellite casinos\u2019 (casinos Landmark, Grandview, Kam Pek Paradise, Casa Real, Fortuna, Emperor Palace, Pier 16, Le Royal Arc, Legend Palace, Waldo, and Grand Dragon, and Mocha’s six slot machine parlours), and a concern for those shareholders listed in stock exchanges.\n\n\n\nIn simpler terms, any agreement or arrangement in which a casino gaming concessionaire shares its casino (gross or net) revenues with a third party or makes or promises to make payments based on such revenues is strictly illegal\n\n\n\nThe 2022 amendments have also introduced strict rules against sharing \u2018casino revenues,\u2019 a broad expression that shall be construed as including any revenue generated at the casinos, gross or net. The prohibition on sharing casino revenues is inflexible as it does not allow exceptions save for the ‘satellite casinos’ during the three-year grace period. No third parties, including casino gaming promoters and casino management companies, can actively or passively participate in the profits and losses generated by casino gaming tables and machines. Conversely, no casino gaming concessionaire can legally share any revenues its casinos generate.\n\n\n\nThe prohibition is a corollary of the principle of a public tender, which mandates that the Macau SAR can only award casino gaming concessions to private companies through an administrative concession contract following a public tender. Additionally, preventing the Macau government from waking up in bed with someone else is a logical outcome of the assessment of suitability implemented,.\n\n\n\nThis prohibition is also a critical regulatory measure implemented by the Macau government to ensure the casino gaming industry’s transparency, integrity, and stability. Therefore, it must be strictly enforced. Macau’s gaming laws and regulations must contain best practices for regulating games of chance, but upholding the highest regulatory oversight and governance standards is equally crucial. To achieve this, it is essential to give the casino gaming regulator all the necessary means to investigate and pursue any potential violation.\n\n\n\nThe harsh punishments that can be imposed highlight the seriousness of misconduct. These penalties may be legal or contractual and may include additional consequences, such as shutting down casinos for one month to one year and publicising the decision in the press by extract.\n\n\n\nViolating the prohibition on sharing casino revenues could result in the revocation of the casino gaming concession due to failure to fulfil legal or contractual obligations. Additionally, it is considered a grave administrative offence subject to a fine ranging from 2 to 5 million patacas.\n\n\n\nThe sharing of casino revenues also constitutes the assignment or encumbrance of the right to operate a casino in part or in whole, requiring the payment of a penalty clause to the Macau SAR of either 600 million, 1 billion, or 2 billion patacas, depending on the circumstances. This situation is outlined in clause 78 of the concession contracts.\n\n\n\nAccording to the current law, the Macau government is barred from approving or authorising contracts that involve casino revenue sharing. Such agreements were previously used to operate \u2018satellite casinos,\u2019 also known as “Provision of Services and Licence for the Occupation and Use of Spaces.” The existing \u2018satellite casinos\u2019 contracts will expire after the three-year grace period and cannot be renewed.\n\n\n\nIn simpler terms, any agreement or arrangement in which a casino gaming concessionaire shares its casino (gross or net) revenues with a third party or makes or promises to make payments based on such revenues is strictly illegal.\n\n\n\nAny attempt to pursue such practices or maintain them defies gravity!", "date_published": "April 07, 2024", "date_modified": "April 07, 2024 - 22:27", "author": { "name": "Ant\u00f3nio Lobo Vilela", "url": "https://www.macaubusiness.com/author/avilela/", "avatar": "https://secure.gravatar.com/avatar/d2a8ffae8f0ca7337aa634d77eb3ce86?s=512&d=mm&r=g" }, "image": "https://hogo.sgp1.digitaloceanspaces.com/macaubusiness/wp-content/uploads/2024/04/casino-revenue-chips.jpg", "tags": [ "Gaming", "Macau", "Macau Business", "MAG", "MAG Featured", "Opinion" ], "summary": "Any agreement or arrangement in which a casino gaming concessionaire shares its casino (gross or net) revenues with a third party or makes or promises to make payments based on such revenues is strictly illegal." }, { "id": "https://www.macaubusiness.com/opinion-back-to-basics/", "url": "https://www.macaubusiness.com/opinion-back-to-basics/", "title": "OPINION \u2013 Back to basics", "content_html": "![\"\"](\"https://mbusiness.sgp1.digitaloceanspaces.com/2016/09/3-chips-casino-gaming-gambling-150x150.jpg\")
\nAnt\u00f3nio Lobo Vilela is a lawyer based in Macau and the author of the Macau Gaming Law Book
\n\n\n\n\n\n\n\n\n\n\n\nThe Macau Legislative Assembly has recently voted on the admission of a draft law proposal to combat illegal gambling. According to the proposal’s Statement of Reasons, the Macau government believes the draft law will create a “legal regime of excellence to investigate and combat the various criminal acts related to illegal gambling.”
\n\n\n\nIn essence, the draft law proposal is a mere rejig of the current Law No. 8/96/M of July 22, 1996, on illegal gambling (which in turn had rejigged Law No. 9/77/M of August 27, 1977, on the same subject) and the repeal of Law No. 9/96/M of July 22, 1996, on criminal offences related to animal racing. Nevertheless, it adds a vast number of criminal procedural precepts that, it is hoped, can help better respond to the needs of combating gambling-related crimes that it provides.
\n\n\n\nThe draft law proposal is also used to include in the amendment it makes to the Code of Criminal Procedure (on the time limits for pre-trial detention) the crimes of Treason, Secession, and Subversion provided for in the Law on Safeguarding National Security (of China, where Gambling is against public policy), which have nothing to do with it.
\n\n\n\nAs far as criminal types are concerned, which is the very essence of criminal law, the proposal merely creates the crime of illegal online exploitation of games of chance or mutual betting and does not transpose (partially) the crime of illicit gambling exploitation in authorised venues or the crimes explicitly related to animal racing. For the criminal types it retains, it grafts mutual betting onto some, re-words others (not always for the better), and increases the existing penalties in almost all cases.
\n\n\n\nA notable absence from the draft law proposal is the crime of illicit gambling exploitation in authorised venues (introduced into Macau’s criminal legal system by Article 7 of Law No. 8/96/M, of July 22, 1996) in the section related to the exploitation of games of chance or any betting that does not comply with the respective rules of execution.
\n\n\n\nPunished with imprisonment for up to 3 years or a fine, this crime is the only one that gaming concessionaires (of games of chance, mutual betting, and operations offered to the public) can commit and serves as a sword of Damocles hanging over their heads. The need to prevent this type of conduct is acknowledged in the 2022 amendment to the Gaming Law when failure to comply with the rules of execution for the practice of games of chance (approved and published in the Official Gazette) is labelled a very serious administrative offence, punishable by a fine of between 2 and 5 million patacas.
\n\n\n\nGambling regulation is a complex process that involves a delicate balance between economic considerations, public health, social impact, and ethical concerns. It requires a comprehensive approach that addresses the unique characteristics of gambling as an industry and its potential effects on individuals and communities. It is distinct from typical economic regulation, presenting unique challenges and considerations, as it involves elements of risk and chance that can have significant social and moral implications.
\n\n\n\nHistorically, gambling has been illegal and enforced by criminal laws. The regulatory response can differ once the government changes its historical policy and allows licenced gambling. Government protection and player protection are the two central public policies toward regulated gambling. With the possible exception of South Korea, whose gambling regulation aims to protect the player, all other gambling regulations reconcile these general policies.
\n\n\n\nIndeed, governments regulate gambling, on the one hand, to protect their interests in the gaming industry, create jobs, promote tourism, revitalise urban areas, stimulate economic growth, generate new taxes, etc. On the other hand, to minimise problem gambling and promote responsible gambling by addressing concerns related to addiction, social harm, and the potential for exploitation of vulnerable individuals.
\n\n\n\nGambling regulation is also aimed at preventing fraud, guaranteeing the integrity of games, securing players’ privacy, and protecting people from the adverse effects of an activity that is inherently designed to put the player at an economic disadvantage. This warrants fair gaming, transparency, and responsible business practices.
\n\n\n\nTo ensure effective regulation, it is crucial to align it with government goals, which cannot fail to include maintaining the public’s perception that games are fair and honest and that players’ deposits, payments, and winnings are safe and secure. The Macau Gaming Law upholds this principle by stating amongst its objectives the exploitation and operation of casino games of chance fairly and honestly.
\n\n\n\nDecriminalising illegal gambling exploitation by the concessionaires could send out the wrong signal. Any change, however small, to the rules of execution of the games (approved and published) directly influences the odds, making them more favourable to the concessionaire (who changes them) and, consequently, worse for the players. Criminal law serves not only to repress unlawful behaviour but to prevent its occurrence. Although whether a particular conduct should be (or no longer be) subject to a specific criminal type is a legislative policy choice, there seems to be no reason for the decriminalisation in question, which represents a step backwards and an attitude out of step with the importance that Macau’s gambling sector has and deserves.
\n\n\n\nSometimes, it is key to get back to basics!
\n\n\n\n\n", "content_text": "Ant\u00f3nio Lobo Vilela is a lawyer based in Macau and the author of the Macau Gaming Law Book\n\n\n\n(www.macaugaminglaw.com)\n\n\n\n\n\n\n\nThe Macau Legislative Assembly has recently voted on the admission of a draft law proposal to combat illegal gambling. According to the proposal’s Statement of Reasons, the Macau government believes the draft law will create a “legal regime of excellence to investigate and combat the various criminal acts related to illegal gambling.”\n\n\n\nIn essence, the draft law proposal is a mere rejig of the current Law No. 8/96/M of July 22, 1996, on illegal gambling (which in turn had rejigged Law No. 9/77/M of August 27, 1977, on the same subject) and the repeal of Law No. 9/96/M of July 22, 1996, on criminal offences related to animal racing. Nevertheless, it adds a vast number of criminal procedural precepts that, it is hoped, can help better respond to the needs of combating gambling-related crimes that it provides.\n\n\n\nThe draft law proposal is also used to include in the amendment it makes to the Code of Criminal Procedure (on the time limits for pre-trial detention) the crimes of Treason, Secession, and Subversion provided for in the Law on Safeguarding National Security (of China, where Gambling is against public policy), which have nothing to do with it.\n\n\n\nAs far as criminal types are concerned, which is the very essence of criminal law, the proposal merely creates the crime of illegal online exploitation of games of chance or mutual betting and does not transpose (partially) the crime of illicit gambling exploitation in authorised venues or the crimes explicitly related to animal racing. For the criminal types it retains, it grafts mutual betting onto some, re-words others (not always for the better), and increases the existing penalties in almost all cases.\n\n\n\nA notable absence from the draft law proposal is the crime of illicit gambling exploitation in authorised venues (introduced into Macau’s criminal legal system by Article 7 of Law No. 8/96/M, of July 22, 1996) in the section related to the exploitation of games of chance or any betting that does not comply with the respective rules of execution.\n\n\n\nPunished with imprisonment for up to 3 years or a fine, this crime is the only one that gaming concessionaires (of games of chance, mutual betting, and operations offered to the public) can commit and serves as a sword of Damocles hanging over their heads. The need to prevent this type of conduct is acknowledged in the 2022 amendment to the Gaming Law when failure to comply with the rules of execution for the practice of games of chance (approved and published in the Official Gazette) is labelled a very serious administrative offence, punishable by a fine of between 2 and 5 million patacas.\n\n\n\nGambling regulation is a complex process that involves a delicate balance between economic considerations, public health, social impact, and ethical concerns. It requires a comprehensive approach that addresses the unique characteristics of gambling as an industry and its potential effects on individuals and communities. It is distinct from typical economic regulation, presenting unique challenges and considerations, as it involves elements of risk and chance that can have significant social and moral implications.\n\n\n\nHistorically, gambling has been illegal and enforced by criminal laws. The regulatory response can differ once the government changes its historical policy and allows licenced gambling. Government protection and player protection are the two central public policies toward regulated gambling. With the possible exception of South Korea, whose gambling regulation aims to protect the player, all other gambling regulations reconcile these general policies.\n\n\n\nIndeed, governments regulate gambling, on the one hand, to protect their interests in the gaming industry, create jobs, promote tourism, revitalise urban areas, stimulate economic growth, generate new taxes, etc. On the other hand, to minimise problem gambling and promote responsible gambling by addressing concerns related to addiction, social harm, and the potential for exploitation of vulnerable individuals.\n\n\n\nGambling regulation is also aimed at preventing fraud, guaranteeing the integrity of games, securing players’ privacy, and protecting people from the adverse effects of an activity that is inherently designed to put the player at an economic disadvantage. This warrants fair gaming, transparency, and responsible business practices.\n\n\n\nTo ensure effective regulation, it is crucial to align it with government goals, which cannot fail to include maintaining the public’s perception that games are fair and honest and that players’ deposits, payments, and winnings are safe and secure. The Macau Gaming Law upholds this principle by stating amongst its objectives the exploitation and operation of casino games of chance fairly and honestly.\n\n\n\nDecriminalising illegal gambling exploitation by the concessionaires could send out the wrong signal. Any change, however small, to the rules of execution of the games (approved and published) directly influences the odds, making them more favourable to the concessionaire (who changes them) and, consequently, worse for the players. Criminal law serves not only to repress unlawful behaviour but to prevent its occurrence. Although whether a particular conduct should be (or no longer be) subject to a specific criminal type is a legislative policy choice, there seems to be no reason for the decriminalisation in question, which represents a step backwards and an attitude out of step with the importance that Macau’s gambling sector has and deserves.\n\n\n\nSometimes, it is key to get back to basics!", "date_published": "March 06, 2024", "date_modified": "March 07, 2024 - 05:56", "author": { "name": "Ant\u00f3nio Lobo Vilela", "url": "https://www.macaubusiness.com/author/avilela/", "avatar": "https://secure.gravatar.com/avatar/d2a8ffae8f0ca7337aa634d77eb3ce86?s=512&d=mm&r=g" }, "image": "https://mbusiness.sgp1.digitaloceanspaces.com/2016/09/3-chips-casino-gaming-gambling.jpg", "tags": [ "Gaming", "Macau", "Macau Business", "MAG", "MAG Featured", "Opinion" ], "summary": "Decriminalising illegal gambling exploitation by the concessionaires could send out the wrong signal. Any change, however small, to the rules of execution of the games (approved and published) directly influences the odds, making them more favourable to the concessionaire (who changes them) and, consequently, worse for the players. Criminal law serves not only to repress unlawful behaviour but to prevent its occurrence" }, { "id": "https://www.macaubusiness.com/opinion-so-long-farewell-macau-jockey-club/", "url": "https://www.macaubusiness.com/opinion-so-long-farewell-macau-jockey-club/", "title": "OPINION \u2013 So long, farewell Macau Jockey Club", "content_html": "![\"\"](\"https://hogo.sgp1.digitaloceanspaces.com/macaubusiness/wp-content/uploads/2024/02/Jockey-Club-Luis-Almoster-150x150.png\")
\nAnt\u00f3nio Lobo Vilela is a lawyer based in Macau and the author of the Macau Gaming Law Book
\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\nThe termination by mutual agreement of the concession contract for the exclusive operation of horse racing (allegedly at the request of the concessionaire, Macau Horse Racing Company Limited (MHRC), and on a date kept in the dark, somewhere “in the middle of last year”), and the consequent definitive closure of the Macau Jockey Club (following the announcement by the Secretary for Administration and Justice \u2013 who does not hold the gambling policy \u2013 that there will be no public tender for the award of a new concession), marks the end of a very long period in Macau’s history.
\n\n\n\nIt is not widely known that horse racing has been a part of Macau’s history since the early days of Portuguese presence. In his travel diary, Peter Mundy, a British merchant trader, reported having witnessed a horse race in the central area of Macau in November 1634. The race occurred on a Sunday at an improvised racecourse “on a large artificially levelled ground” in front of S\u00e3o Domingos church.
\n\n\n\nFew people know that the Hong Kong Jockey Club (HKJC), a non-profit organisation and one of the oldest institutions in Hong Kong, established in 1844, has been as profitable as some Macau casino operators. In the financial year 2022-2023, HKJC’s proceeds amounted to HK$43.6 billion (US$5.57 billion), paying a total of HK$28.6 billion (US$3.65 billion) in taxes (betting duty, profit tax, and Lottery Fund contributions). This amount accounted for more than 4% of Hong Kong’s HK$700 billion (US$89.53 billion) budget for that financial year.
\n\n\n\nThe termination of the concession contract (regardless of the form used, but never that of a “rescission of the public deed of the concession contract,” as it is referred to five times in the public deed titling the rescission of the concession contract) was not a bolt from the blue. It was expected in some circles and had already been suggested by the press last year, especially after the episode of the Macau government’s ban on horse imports.
\n\n\n\nThe termination of the concession contract rekindles some mysteries. It continues puzzling that MHRC operated and insisted on operating the concession despite running at a (colossal) loss for years. During at least 20 years (1996\u20132016), MHRC was authorised to publish the balance sheet as a synopsis. In 2018, the concession period was (out of the blue) extended for 24 and a half years, keeping the annual rent of MOP$15 million (US$1.86 million) and with a (meagre) investment plan of MOP$1.5 billion (US$186 million) for the duration of the concession (i.e., until August 2042). When divided by the concession period granted, this investment plan represents only MOP$61.2 million (US$7.6 million) annually. In contrast, the HKJC donated almost five times the total value of that investment plan to charity in the financial year 2022-2023 alone (HK$7.3 billion/US$933.75 million).
\n\n\n\nIt’s not the news of a dead-as-a-dodo MHRC that had “neither the art nor the ingenuity” to take advantage of a long-lasting concession on a plot of more than 404,000 square metres (according to the concession contract) that matters. What\u2019s important is to understand the extent of the “in-depth study” (allegedly) carried out on the Macau government’s decision not to open a new concession for the operation of horse racing. Were the \u201csix large integrated tourism and leisure companies\u201d asked about their interest in developing a project for the Taipa Racecourse (which is delimited as a tourist and entertainment zone in the Macau SAR Master Plan 2020-2040), where maintaining horse meetings would genuinely help with economic diversification and the creation of the longed-for “world tourism and leisure centre”? And what about the HKJC, which, anchored in the National Equine Industry Development Plan (2020-2025) (jointly published by the PRC\u2019s Ministry of Agriculture and Rural Affairs and General Administration of Sports), is developing a plan for world-class racing in the Greater Bay Area under the banner of the HKJC?
\n\n\n\nAlthough Macau is not the only jurisdiction to end horse racing (the Singapore Turf Club will hold its final race meeting on October 5, 2024, featuring the 100th Grand Singapore Gold Cup), in mainland China, the trend seems to be the opposite (hence, the horses already have a destination…). On the side of the angels, the HKJC signed a Framework Cooperation Agreement with the Guangzhou Municipal Government in 2021 to jointly develop the Guangzhou-Hong Kong Racing Economic Cluster. As part of this agreement, racing at the Conghua Racecourse in Guangzhou, Guangdong Province, is expected to commence in the 2025\u201326 season.
\n\n\n\nTo be in the race and ride high, the path to diversification shouldn’t involve eliminating Macau’s (fading) cultural identity that makes it unique and different in the context of greater China. That would be backing the wrong horse!
\n", "content_text": "Ant\u00f3nio Lobo Vilela is a lawyer based in Macau and the author of the Macau Gaming Law Book\n\n\n\n(www.macaugaminglaw.com)\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\nThe termination by mutual agreement of the concession contract for the exclusive operation of horse racing (allegedly at the request of the concessionaire, Macau Horse Racing Company Limited (MHRC), and on a date kept in the dark, somewhere “in the middle of last year”), and the consequent definitive closure of the Macau Jockey Club (following the announcement by the Secretary for Administration and Justice \u2013 who does not hold the gambling policy \u2013 that there will be no public tender for the award of a new concession), marks the end of a very long period in Macau’s history.\n\n\n\nIt is not widely known that horse racing has been a part of Macau’s history since the early days of Portuguese presence. In his travel diary, Peter Mundy, a British merchant trader, reported having witnessed a horse race in the central area of Macau in November 1634. The race occurred on a Sunday at an improvised racecourse “on a large artificially levelled ground” in front of S\u00e3o Domingos church.\n\n\n\nFew people know that the Hong Kong Jockey Club (HKJC), a non-profit organisation and one of the oldest institutions in Hong Kong, established in 1844, has been as profitable as some Macau casino operators. In the financial year 2022-2023, HKJC’s proceeds amounted to HK$43.6 billion (US$5.57 billion), paying a total of HK$28.6 billion (US$3.65 billion) in taxes (betting duty, profit tax, and Lottery Fund contributions). This amount accounted for more than 4% of Hong Kong’s HK$700 billion (US$89.53 billion) budget for that financial year.\n\n\n\nThe termination of the concession contract (regardless of the form used, but never that of a “rescission of the public deed of the concession contract,” as it is referred to five times in the public deed titling the rescission of the concession contract) was not a bolt from the blue. It was expected in some circles and had already been suggested by the press last year, especially after the episode of the Macau government’s ban on horse imports.\n\n\n\nThe termination of the concession contract rekindles some mysteries. It continues puzzling that MHRC operated and insisted on operating the concession despite running at a (colossal) loss for years. During at least 20 years (1996\u20132016), MHRC was authorised to publish the balance sheet as a synopsis. In 2018, the concession period was (out of the blue) extended for 24 and a half years, keeping the annual rent of MOP$15 million (US$1.86 million) and with a (meagre) investment plan of MOP$1.5 billion (US$186 million) for the duration of the concession (i.e., until August 2042). When divided by the concession period granted, this investment plan represents only MOP$61.2 million (US$7.6 million) annually. In contrast, the HKJC donated almost five times the total value of that investment plan to charity in the financial year 2022-2023 alone (HK$7.3 billion/US$933.75 million).\n\n\n\nIt’s not the news of a dead-as-a-dodo MHRC that had “neither the art nor the ingenuity” to take advantage of a long-lasting concession on a plot of more than 404,000 square metres (according to the concession contract) that matters. What\u2019s important is to understand the extent of the “in-depth study” (allegedly) carried out on the Macau government’s decision not to open a new concession for the operation of horse racing. Were the \u201csix large integrated tourism and leisure companies\u201d asked about their interest in developing a project for the Taipa Racecourse (which is delimited as a tourist and entertainment zone in the Macau SAR Master Plan 2020-2040), where maintaining horse meetings would genuinely help with economic diversification and the creation of the longed-for “world tourism and leisure centre”? And what about the HKJC, which, anchored in the National Equine Industry Development Plan (2020-2025) (jointly published by the PRC\u2019s Ministry of Agriculture and Rural Affairs and General Administration of Sports), is developing a plan for world-class racing in the Greater Bay Area under the banner of the HKJC?\n\n\n\nAlthough Macau is not the only jurisdiction to end horse racing (the Singapore Turf Club will hold its final race meeting on October 5, 2024, featuring the 100th Grand Singapore Gold Cup), in mainland China, the trend seems to be the opposite (hence, the horses already have a destination…). On the side of the angels, the HKJC signed a Framework Cooperation Agreement with the Guangzhou Municipal Government in 2021 to jointly develop the Guangzhou-Hong Kong Racing Economic Cluster. As part of this agreement, racing at the Conghua Racecourse in Guangzhou, Guangdong Province, is expected to commence in the 2025\u201326 season.\n\n\n\nTo be in the race and ride high, the path to diversification shouldn’t involve eliminating Macau’s (fading) cultural identity that makes it unique and different in the context of greater China. That would be backing the wrong horse!", "date_published": "February 01, 2024", "date_modified": "February 01, 2024 - 22:51", "author": { "name": "Ant\u00f3nio Lobo Vilela", "url": "https://www.macaubusiness.com/author/avilela/", "avatar": "https://secure.gravatar.com/avatar/d2a8ffae8f0ca7337aa634d77eb3ce86?s=512&d=mm&r=g" }, "image": "https://hogo.sgp1.digitaloceanspaces.com/macaubusiness/wp-content/uploads/2024/02/Jockey-Club-Luis-Almoster.png", "tags": [ "Macau", "Macau Business", "MAG", "MAG Featured", "Opinion" ], "summary": "The termination by mutual agreement of the concession contract for the exclusive operation of horse racing (allegedly at the request of the concessionaire, Macau Horse Racing Company Limited (MHRC), and on a date kept in the dark, somewhere \"in the middle of last year\"), and the consequent definitive closure of the Macau Jockey Club (following the announcement by the Secretary for Administration and Justice \u2013 who does not hold the gambling policy \u2013 that there will be no public tender for the award of a new concession), marks the end of a very long period in Macau's history." }, { "id": "https://www.macaubusiness.com/opinion-wild-card/", "url": "https://www.macaubusiness.com/opinion-wild-card/", "title": "OPINION \u2013 Wild Card", "content_html": "![\"\"](\"https://hogo.sgp1.digitaloceanspaces.com/macaubusiness/wp-content/uploads/2024/01/Joker-150x150.png\")
\nAnt\u00f3nio Lobo Vilela
\n\n\n\nLawyer based in Macau
\n\n\n\nand the author of the Macau Gaming Law Book
\n\n\n\n\n\n\n\nThe presence of illegal so-called “money changers” in and around Macau’s casinos has become a significant issue, impossible to ignore.
\n\n\n\nThese “money changers” have devised an intricate and sophisticated scheme to move funds across different jurisdictions without crossing any border. The system, which involves exchanging Hong Kong dollars (made available in Macau) for the renminbi (handed over in China) in consideration of a commission, is currently the primary unofficial channel for providing funds to gamblers in Macau.
\n\n\n\nThis activity replicates what is known as the “Vancouver Model,” created to circumvent restrictions imposed on capital outflow from certain countries, including China. According to a 2021 report by the Asian Racing Federation, cross-border illegal betting is causing a staggering CNY$1 trillion (USD$145 billion) to flow out of China to offshore websites and casinos every year.
\n\n\n\nRecent reports on crime in Macau have highlighted a notable increase in the number of “money changers.” This surge can be attributed to the lift of COVID-19-related travel restrictions, which has led to an (expected) increase in gamblers. Additionally, traditional mechanisms for making funds available to patrons have been failing, such as the putative “purchases” in pawnshops, affected by the annual limit of CNY$100,000 (USD$14,500) imposed by China\u2019s State Administration of Foreign Exchange on overseas withdrawals from bank accounts in China. Also, the “domestic” purchases illegally made via UnionPay mobile POS terminals located in Macau and connected to servers in China are more strictly controlled.
\n\n\n\nHowever, the primary cause of this exponential increase in “money changers” is the \u2013 natural \u2013 need to fill the void left by the \u201cdisappearance\u201d of casino gaming promoters. Before the pandemic, the casino gaming promotion activity was valued at around USD$17 billion in 2019 and moved an estimated USD$ 600 billion per year (or USD$1.14 million per minute).
\n\n\n\nThe concern of local authorities has been growing over the last few years, and the release of the “Public Prosecutor’s Work Report for 2019\u201d has only added to their worries. The report states that there is no “effective solution for combating such activities” and urges the “public services responsible for justice matters” to study how to strengthen “through legislative initiative, the regulation of such activities and even their possible criminalisation, to find a balance between upholding the freedom to exchange money and combating illegal profitable exchange.”
\n\n\n\n![\"\"](\"https://mbusiness.sgp1.digitaloceanspaces.com/2017/10/01-Canada-1028x685.jpg\")
It is a legitimate concern given the rise in crime statistics in Macau, particularly the crime associated with the type of activity carried out by the “money changers” (money laundering, fraud, counterfeit gaming chips, passing counterfeit currency, loan sharking and in some cases, murder) and the fact that almost all of them are non-Macau residents. All this poses a potential threat to public safety and \u2013 not least \u2013 to the image of the Macau SAR as a “world centre for tourism and leisure” and beyond.
\n\n\n\nThe recent amendment to the Gaming Law, in line with the amendment to the Criminal Law of the PRC, reflects this concern. Greater emphasis has been placed on the objective of ensuring that casino operations are carried out free from criminal influence by expressly adding the need for compatibility with the Macau SAR’s policies and mechanisms aimed at preventing money laundering and terrorism.
\n\n\n\nThe concern is also echoed in the recent discussion around the possible ban on gaming promoters extending credit for casino gaming.
\n\n\n\nThe Macau authorities have conducted several \u201cscientific studies\u201d since 2019. The results so far suggest that while the activity should not be penalised criminally (and therefore has no place in the law proposal to repeal the Illicit Gambling Law to be presented to the Legislative Assembly), it can be administratively within the framework of the financial system (whose primary law was approved in August last year and made no provision for it). The studies also seem to highlight the tremendous challenge of ending with the “money changers” plague (certainly worse than the bedbugs (allegedly) “coming from Europe” that are plaguing Macau).
\n\n\n\nThis is a complex topic because of the disadvantages that the absence of “money changers” entails, especially for the “six large integrated tourism and leisure companies.“
\n\n\n\nHowever, some measures within spitting distance \u2013 intuitive, not creative \u2013 can be implemented to mitigate the proliferation of “money changers” or at least moderate the volumes involved. One effective measure would be to restrict the cash transaction amounts allowed (one of the first measures to curb the “Vancouver Model” was prohibiting cash transactions in British Columbia casinos). Another one is to make identification compulsory when entering casinos, as in other jurisdictions like Singapore. Combining this latter measure with customer/player loyalty programmes and the facial recognition functionality made possible by surveillance systems installed in casinos would help maintain the regular and orderly flow of entries while banning and effectively preventing those operating outside the legal limits from re-entering casinos. Where there\u2019s a will, there\u2019s a way!
\n", "content_text": "Ant\u00f3nio Lobo Vilela\n\n\n\nLawyer based in Macau \n\n\n\nand the author of the Macau Gaming Law Book \n\n\n\n(www.macaugaminglaw.com)\n\n\n\n\n\n\n\nThe presence of illegal so-called “money changers” in and around Macau’s casinos has become a significant issue, impossible to ignore. \n\n\n\nThese “money changers” have devised an intricate and sophisticated scheme to move funds across different jurisdictions without crossing any border. The system, which involves exchanging Hong Kong dollars (made available in Macau) for the renminbi (handed over in China) in consideration of a commission, is currently the primary unofficial channel for providing funds to gamblers in Macau.\n\n\n\nThis activity replicates what is known as the “Vancouver Model,” created to circumvent restrictions imposed on capital outflow from certain countries, including China. According to a 2021 report by the Asian Racing Federation, cross-border illegal betting is causing a staggering CNY$1 trillion (USD$145 billion) to flow out of China to offshore websites and casinos every year. \n\n\n\nRecent reports on crime in Macau have highlighted a notable increase in the number of “money changers.” This surge can be attributed to the lift of COVID-19-related travel restrictions, which has led to an (expected) increase in gamblers. Additionally, traditional mechanisms for making funds available to patrons have been failing, such as the putative “purchases” in pawnshops, affected by the annual limit of CNY$100,000 (USD$14,500) imposed by China\u2019s State Administration of Foreign Exchange on overseas withdrawals from bank accounts in China. Also, the “domestic” purchases illegally made via UnionPay mobile POS terminals located in Macau and connected to servers in China are more strictly controlled.\n\n\n\nHowever, the primary cause of this exponential increase in “money changers” is the \u2013 natural \u2013 need to fill the void left by the \u201cdisappearance\u201d of casino gaming promoters. Before the pandemic, the casino gaming promotion activity was valued at around USD$17 billion in 2019 and moved an estimated USD$ 600 billion per year (or USD$1.14 million per minute). \n\n\n\nThe concern of local authorities has been growing over the last few years, and the release of the “Public Prosecutor’s Work Report for 2019\u201d has only added to their worries. The report states that there is no “effective solution for combating such activities” and urges the “public services responsible for justice matters” to study how to strengthen “through legislative initiative, the regulation of such activities and even their possible criminalisation, to find a balance between upholding the freedom to exchange money and combating illegal profitable exchange.” \n\n\n\n\n\n\n\nIt is a legitimate concern given the rise in crime statistics in Macau, particularly the crime associated with the type of activity carried out by the “money changers” (money laundering, fraud, counterfeit gaming chips, passing counterfeit currency, loan sharking and in some cases, murder) and the fact that almost all of them are non-Macau residents. All this poses a potential threat to public safety and \u2013 not least \u2013 to the image of the Macau SAR as a “world centre for tourism and leisure” and beyond.\n\n\n\nThe recent amendment to the Gaming Law, in line with the amendment to the Criminal Law of the PRC, reflects this concern. Greater emphasis has been placed on the objective of ensuring that casino operations are carried out free from criminal influence by expressly adding the need for compatibility with the Macau SAR’s policies and mechanisms aimed at preventing money laundering and terrorism. \n\n\n\nThe concern is also echoed in the recent discussion around the possible ban on gaming promoters extending credit for casino gaming.\n\n\n\nThe Macau authorities have conducted several \u201cscientific studies\u201d since 2019. The results so far suggest that while the activity should not be penalised criminally (and therefore has no place in the law proposal to repeal the Illicit Gambling Law to be presented to the Legislative Assembly), it can be administratively within the framework of the financial system (whose primary law was approved in August last year and made no provision for it). The studies also seem to highlight the tremendous challenge of ending with the “money changers” plague (certainly worse than the bedbugs (allegedly) “coming from Europe” that are plaguing Macau).\n\n\n\nThis is a complex topic because of the disadvantages that the absence of “money changers” entails, especially for the “six large integrated tourism and leisure companies.“\n\n\n\nHowever, some measures within spitting distance \u2013 intuitive, not creative \u2013 can be implemented to mitigate the proliferation of “money changers” or at least moderate the volumes involved. One effective measure would be to restrict the cash transaction amounts allowed (one of the first measures to curb the “Vancouver Model” was prohibiting cash transactions in British Columbia casinos). Another one is to make identification compulsory when entering casinos, as in other jurisdictions like Singapore. Combining this latter measure with customer/player loyalty programmes and the facial recognition functionality made possible by surveillance systems installed in casinos would help maintain the regular and orderly flow of entries while banning and effectively preventing those operating outside the legal limits from re-entering casinos. Where there\u2019s a will, there\u2019s a way!", "date_published": "January 07, 2024", "date_modified": "June 03, 2024 - 23:18", "author": { "name": "Ant\u00f3nio Lobo Vilela", "url": "https://www.macaubusiness.com/author/avilela/", "avatar": "https://secure.gravatar.com/avatar/d2a8ffae8f0ca7337aa634d77eb3ce86?s=512&d=mm&r=g" }, "image": "https://hogo.sgp1.digitaloceanspaces.com/macaubusiness/wp-content/uploads/2024/01/Joker.png", "tags": [ "Gaming", "Macau", "Macau Business", "MAG", "MB", "MB Featured", "Opinion" ], "summary": "The presence of illegal so-called \"money changers\" in and around Macau's casinos has become a significant issue, impossible to ignore. " }, { "id": "https://www.macaubusiness.com/%e3%80%90%e6%99%82%e4%ba%8b%e8%a9%95%e8%ab%96%e3%80%91%e5%9f%8e%e5%b8%82%e8%88%87%e5%8d%9a%e5%bd%a9%e6%a5%ad%e7%8f%be%e7%8b%80/", "url": "https://www.macaubusiness.com/%e3%80%90%e6%99%82%e4%ba%8b%e8%a9%95%e8%ab%96%e3%80%91%e5%9f%8e%e5%b8%82%e8%88%87%e5%8d%9a%e5%bd%a9%e6%a5%ad%e7%8f%be%e7%8b%80/", "title": "\u3010\u6642\u4e8b\u8a55\u8ad6\u3011\u201c\u57ce\u5e02\u201d\u8207\u535a\u5f69\u696d\u73fe\u72c0", "content_html": "![\"\"](\"https://hogo.sgp1.digitaloceanspaces.com/macaubusiness/wp-content/uploads/2022/09/Crescimento-est%C3%A1vel-do-n%C3%BAmero-de-visitantes-de-Macau-nos-%C3%BAltimos-dias-150x150.jpg\")
\n\u6eab\u4ee4\u97dc
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![\"\"](\"https://mbusiness.sgp1.digitaloceanspaces.com/2020/09/Gaming-changer-150x150.png\")
\nAnt\u00f3nio Lobo Vilela is a lawyer based in Macau and the author of the Macau Gaming Law Book
\n\n\n\n\n\n\n\nOn November 15, the Chief Executive presented the Policy Address (LAG) for 2023 to the Legislative Assembly.
\n\n\n\nThe presentation of the LAG is the pinnacle of the SAR\u2019s political life. This time was carried out against the background of unprecedented challenging economic times that the (still young) Macau SAR is going through, well evidenced by the economic indicators and most recent statistical data.
\n\n\n\nGross gaming revenue (GGR) generated in the first ten months of the year (MOP 35.7 billion / USD 4.5 billion) fell back to near 2004 levels (MOP 34.1 billion / USD 4.3 billion) when the actual competition started with the opening of Casino Sands on 18 May. That amount (on which the Macau SAR collects 39% as special gaming tax) is about half (49.5%) of the GGR in the same period of 2021 (and 14.5% of that of 2019) and is short of the MOP 130 billion (USD 16.3 billion) forecasted in the MSAR’s budget for 2022. Put into perspective, between January and October, Macau casinos generated the same as in the first 35 days of 2019. The annus horribilis of 2022 registered the lowest monthly GGR ever recorded since market liberalisation in 2002 (MOP 398 million / USD 49.8 million in July) and the first time a monthly threshold of MOP 700 million (USD 87.5 million) was not met.
\n\n\n\nMacau casino operators\u2019 combined EBITDA fell in the third quarter of the year by about USD 558 million (MOP 4.5 billion). The local gaming industry’s debt stood at around USD 23.3 billion (MOP 187.5 billion), well above the USD 4.8 billion (MOP 38.6 billion) recorded at the end of 2019.
\n\n\n\nThe unemployment rate was 5.2% in the third quarter. It was 2.5% and 3.9% in the same quarters of 2019 and 2021, respectively. The median monthly income of the employed population has been gradually falling. In the third quarter of the year, it was MOP 14,000 (USD 1,750), the exact figure recorded in the fourth quarter of 2014. In the same quarter of 2019 and 2021, the medium was MOP 17,000 (USD 2.125) and MOP 16,000 (USD 2,000), respectively.
\n\n\n\nThe real GDP growth rate has remained negative since last year. In the third quarter, it was negative by 33.4 percentage points, partly due, according to the Economic and Technological Development Bureau, to the drop in “gaming services exports.”
\n\n\n\nIn the first nine months of the year, 75 suicides were recorded (in the entire year of 2019, there were 67, in 2020, 74, and in 2021, 60). Considering the official figure of Macau’s total population (671,900 people), the suicide rate per 100,000 population is 11.16% (i.e. 11.16 suicides per 100,000 population). According to the standards of the World Health Organization, a suicide rate of 13% is considered high.
\n\n\n\nNot counting the pennies, the Macau SAR’s fiscal reserve shrank 12.5% (or MOP 80.3 billion / USD 10 billion) between January and September to MOP 562.9 billion (USD 69.7 billion). In February 2021, it stood at MOP 663 billion (USD 82 billion).
\n\n\n\nAs of October 31, Macau had 4.9 million visitors. They were 33.4 and 6 million in the same period of 2019 and 2021, respectively. The average daily visitor arrivals \u2013 16,800 people represent a decrease of 85% (113,600 people/day) and 19% (20,700 people/day) compared with 2019 and 2021, respectively.
\n\n\n\nIn October this year, 786 commercial flights arrived in Macau. In 2019, there were 5,972, and in 2021, 1,062, a decrease of 86.8% and 26%, respectively.
\n\n\n\nThe online visa system for mainland residents to travel to Macau, which restarted on November 1 to revive Macau\u2019s economy, has had no effect. According to Morgan Stanley, the Baidu Search Index (which tracks the incidence of keywords in the Baidu search engines by Chinese users) shows that the search volume for \u2018Macau IVS\u2019 did not increase and, in the case of Guangdong province, decreased.
\n\n\n\nAt the same time, a new COVID-19 outbreak erupted in mainland China. In Macau, where the fourth dose is available, the COVID-19 vaccination rate continues to grow slowly. Only around 90% of the population is inoculated with two doses (complete vaccination) (and about 50% with three or more doses).
\n\n\n\nThis was the “cocktail” when the LAG 2023 (with the motto \u2018Joining forces, Advance with stability\u2019) were presented.
\n\n\n\n![\"\"](\"https://hogo.sgp1.digitaloceanspaces.com/macaubusiness/wp-content/uploads/2022/09/Crescimento-est%C3%A1vel-do-n%C3%BAmero-de-visitantes-de-Macau-nos-%C3%BAltimos-dias-1028x712.jpg\")
From a formal point of view, the 2023 Policy Address report is shorter (147 pages in the Portuguese version, roughly half) than previous reports, more succinct, and without much repetition. From a material point of view, it does not show any light at the end of the tunnel. And the success of most of the measures announced presupposes a (quick) exit from the \u2018zero-economy\u2019 stage into which Macau was plunged.
\n\n\n\nLike in previous years’ LAG, gaming is treated as a fait divers, an irrelevant economic activity. Among the 44,141 words in the Portuguese version of the report, “gaming” appears (only) 41 times. If one excludes its use in the name of concessionaires, laws, machines or promoters, the count drops to 17, of which nine refer to “non-gaming elements.” The word “casino” is mentioned (just) 14 times (4 if its use in the names of concessionaires and laws is not considered). Even the word “tourism” only appears 51 times.
\n\n\n\nExcept for the (two) projects included in the “calendar of major governmental actions” in the area of economy and finance, the report dedicates explicitly to the gaming industry one paragraph in part I (on the “[r]eview and assessment of the governmental action for the year 2022”) and a few more in part II (about the “[o]rientation and relevant points of the governmental action for the year 2023”). And that\u2019s it!
\n\n\n\nExtracting as much juice as possible, the Macau government anticipates that with “the successful completion of the public tender for casino gaming concessions, Macau’s integrated tourism and leisure industry will enter a new period of development with opportunities.” It believes that the amendment to the Gaming Law and the granting of the new concessions will result in “an improvement of the gaming industry,” the promotion of its “healthy, regulated, orderly and sustainable long-term development,” as well as the opening up of “new markets of foreign visitors,” boosting “the enrichment of non-gaming elements, namely in the areas of conventions and exhibitions, entertainment and shows, sporting events, culture and art, health care, thematic entertainment, gastronomic city, community tourism and maritime tourism.”
\n\n\n\nOn the other hand, the Macau government, keen as mustard to change the economic fabric of Macau overnight, jumped the gun and outlined a target to attain “60% of GDP from non-gaming industries,” as the “gaming sector will be oriented to promote, in a more pragmatic way, the synergistic development between gaming and non-gaming industries.”
\n\n\n\nFinally, as a measure “for the benefit of the population,” a “guarantee of priority access to employment for residents” is given, with the Macau government ensuring “the stability of employment of workers in the gaming sector after the new award of concessions for the operation of the gaming industry and the maintenance of the number of local workers in the middle or senior management positions of tourism and leisure enterprises [probably the new fancy name casino operators will be known as] at a percentage of not less than 85%.”
\n\n\n\nOn the “calendar of major governmental measures” in the area of economy and finance, 38 projects are listed. Only two are gaming related.
\n\n\n\nThe first gaming related \u2013 which ranks 21 on the list \u2013 is entitled “Ensuring the orderly and healthy development of the gaming sector under the law” and is divided into three parts. The first part comprises the supervision of compliance with legal and contractual obligations by casino operators, “namely regarding (\u2026) the investment of non-gaming elements in the community,” and the “rigorous appreciation, supervision and approval of requests for the allocation of gaming tables and machines.” The second part provides for “continued on-site supervision of casino operations.” Lastly, the third part refers to the monitoring and supervision of the suitability of “persons or entities and compliance with legal and contractual obligations, carrying out specific assessments if necessary.”
\n\n\n\nThe second project (22nd in the list) concerns the “promotion of responsible gambling,” referring that casino operators will be required to “implement measures to promote responsible gambling” (probably to redirect their action plans to what the Gaming Law, as amended, dictates).
\n\n\n\nFinally, among the 16 bills that the Macau government intends to submit to the Legislative Assembly in 2023, only one relates to the gaming area: “fighting the crime of illegal gambling” (presumably a legislative initiative to replace the obsolete and never amended Law 8/96/M, which approved the illegal gambling framework 26 years ago). Curiously, it does not include the amendment to the legal framework for granting credit for casino gaming or betting (Law 5/2004), which the Macau government announced last April (in writing) to the Legislative Assembly that it intended to revise “to enhance the regulatory standards regarding the granting of credit for casino gaming or betting.”
\n\n\n\nConsidering the way authorities address the city\u2019s core industry, Macau has a business that it seems not to like!
\n", "content_text": "Ant\u00f3nio Lobo Vilela is a lawyer based in Macau and the author of the Macau Gaming Law Book\n\n\n\n(www.macaugaminglaw.com)\n\n\n\n\n\n\n\nOn November 15, the Chief Executive presented the Policy Address (LAG) for 2023 to the Legislative Assembly.\n\n\n\nThe presentation of the LAG is the pinnacle of the SAR\u2019s political life. This time was carried out against the background of unprecedented challenging economic times that the (still young) Macau SAR is going through, well evidenced by the economic indicators and most recent statistical data.\n\n\n\nGross gaming revenue (GGR) generated in the first ten months of the year (MOP 35.7 billion / USD 4.5 billion) fell back to near 2004 levels (MOP 34.1 billion / USD 4.3 billion) when the actual competition started with the opening of Casino Sands on 18 May. That amount (on which the Macau SAR collects 39% as special gaming tax) is about half (49.5%) of the GGR in the same period of 2021 (and 14.5% of that of 2019) and is short of the MOP 130 billion (USD 16.3 billion) forecasted in the MSAR’s budget for 2022. Put into perspective, between January and October, Macau casinos generated the same as in the first 35 days of 2019. The annus horribilis of 2022 registered the lowest monthly GGR ever recorded since market liberalisation in 2002 (MOP 398 million / USD 49.8 million in July) and the first time a monthly threshold of MOP 700 million (USD 87.5 million) was not met.\n\n\n\nMacau casino operators\u2019 combined EBITDA fell in the third quarter of the year by about USD 558 million (MOP 4.5 billion). The local gaming industry’s debt stood at around USD 23.3 billion (MOP 187.5 billion), well above the USD 4.8 billion (MOP 38.6 billion) recorded at the end of 2019.\n\n\n\nThe unemployment rate was 5.2% in the third quarter. It was 2.5% and 3.9% in the same quarters of 2019 and 2021, respectively. The median monthly income of the employed population has been gradually falling. In the third quarter of the year, it was MOP 14,000 (USD 1,750), the exact figure recorded in the fourth quarter of 2014. In the same quarter of 2019 and 2021, the medium was MOP 17,000 (USD 2.125) and MOP 16,000 (USD 2,000), respectively.\n\n\n\nThe real GDP growth rate has remained negative since last year. In the third quarter, it was negative by 33.4 percentage points, partly due, according to the Economic and Technological Development Bureau, to the drop in “gaming services exports.”\n\n\n\nIn the first nine months of the year, 75 suicides were recorded (in the entire year of 2019, there were 67, in 2020, 74, and in 2021, 60). Considering the official figure of Macau’s total population (671,900 people), the suicide rate per 100,000 population is 11.16% (i.e. 11.16 suicides per 100,000 population). According to the standards of the World Health Organization, a suicide rate of 13% is considered high.\n\n\n\nNot counting the pennies, the Macau SAR’s fiscal reserve shrank 12.5% (or MOP 80.3 billion / USD 10 billion) between January and September to MOP 562.9 billion (USD 69.7 billion). In February 2021, it stood at MOP 663 billion (USD 82 billion).\n\n\n\nAs of October 31, Macau had 4.9 million visitors. They were 33.4 and 6 million in the same period of 2019 and 2021, respectively. The average daily visitor arrivals \u2013 16,800 people represent a decrease of 85% (113,600 people/day) and 19% (20,700 people/day) compared with 2019 and 2021, respectively.\n\n\n\nIn October this year, 786 commercial flights arrived in Macau. In 2019, there were 5,972, and in 2021, 1,062, a decrease of 86.8% and 26%, respectively.\n\n\n\nThe online visa system for mainland residents to travel to Macau, which restarted on November 1 to revive Macau\u2019s economy, has had no effect. According to Morgan Stanley, the Baidu Search Index (which tracks the incidence of keywords in the Baidu search engines by Chinese users) shows that the search volume for \u2018Macau IVS\u2019 did not increase and, in the case of Guangdong province, decreased.\n\n\n\nAt the same time, a new COVID-19 outbreak erupted in mainland China. In Macau, where the fourth dose is available, the COVID-19 vaccination rate continues to grow slowly. Only around 90% of the population is inoculated with two doses (complete vaccination) (and about 50% with three or more doses).\n\n\n\nThis was the “cocktail” when the LAG 2023 (with the motto \u2018Joining forces, Advance with stability\u2019) were presented.\n\n\n\n\n\n\n\nFrom a formal point of view, the 2023 Policy Address report is shorter (147 pages in the Portuguese version, roughly half) than previous reports, more succinct, and without much repetition. From a material point of view, it does not show any light at the end of the tunnel. And the success of most of the measures announced presupposes a (quick) exit from the \u2018zero-economy\u2019 stage into which Macau was plunged.\n\n\n\nLike in previous years’ LAG, gaming is treated as a fait divers, an irrelevant economic activity. Among the 44,141 words in the Portuguese version of the report, “gaming” appears (only) 41 times. If one excludes its use in the name of concessionaires, laws, machines or promoters, the count drops to 17, of which nine refer to “non-gaming elements.” The word “casino” is mentioned (just) 14 times (4 if its use in the names of concessionaires and laws is not considered). Even the word “tourism” only appears 51 times.\n\n\n\nExcept for the (two) projects included in the “calendar of major governmental actions” in the area of economy and finance, the report dedicates explicitly to the gaming industry one paragraph in part I (on the “[r]eview and assessment of the governmental action for the year 2022”) and a few more in part II (about the “[o]rientation and relevant points of the governmental action for the year 2023”). And that\u2019s it!\n\n\n\nExtracting as much juice as possible, the Macau government anticipates that with “the successful completion of the public tender for casino gaming concessions, Macau’s integrated tourism and leisure industry will enter a new period of development with opportunities.” It believes that the amendment to the Gaming Law and the granting of the new concessions will result in “an improvement of the gaming industry,” the promotion of its “healthy, regulated, orderly and sustainable long-term development,” as well as the opening up of “new markets of foreign visitors,” boosting “the enrichment of non-gaming elements, namely in the areas of conventions and exhibitions, entertainment and shows, sporting events, culture and art, health care, thematic entertainment, gastronomic city, community tourism and maritime tourism.”\n\n\n\nOn the other hand, the Macau government, keen as mustard to change the economic fabric of Macau overnight, jumped the gun and outlined a target to attain “60% of GDP from non-gaming industries,” as the “gaming sector will be oriented to promote, in a more pragmatic way, the synergistic development between gaming and non-gaming industries.”\n\n\n\nFinally, as a measure “for the benefit of the population,” a “guarantee of priority access to employment for residents” is given, with the Macau government ensuring “the stability of employment of workers in the gaming sector after the new award of concessions for the operation of the gaming industry and the maintenance of the number of local workers in the middle or senior management positions of tourism and leisure enterprises [probably the new fancy name casino operators will be known as] at a percentage of not less than 85%.”\n\n\n\nOn the “calendar of major governmental measures” in the area of economy and finance, 38 projects are listed. Only two are gaming related.\n\n\n\nThe first gaming related \u2013 which ranks 21 on the list \u2013 is entitled “Ensuring the orderly and healthy development of the gaming sector under the law” and is divided into three parts. The first part comprises the supervision of compliance with legal and contractual obligations by casino operators, “namely regarding (\u2026) the investment of non-gaming elements in the community,” and the “rigorous appreciation, supervision and approval of requests for the allocation of gaming tables and machines.” The second part provides for “continued on-site supervision of casino operations.” Lastly, the third part refers to the monitoring and supervision of the suitability of “persons or entities and compliance with legal and contractual obligations, carrying out specific assessments if necessary.”\n\n\n\nThe second project (22nd in the list) concerns the “promotion of responsible gambling,” referring that casino operators will be required to “implement measures to promote responsible gambling” (probably to redirect their action plans to what the Gaming Law, as amended, dictates).\n\n\n\nFinally, among the 16 bills that the Macau government intends to submit to the Legislative Assembly in 2023, only one relates to the gaming area: “fighting the crime of illegal gambling” (presumably a legislative initiative to replace the obsolete and never amended Law 8/96/M, which approved the illegal gambling framework 26 years ago). Curiously, it does not include the amendment to the legal framework for granting credit for casino gaming or betting (Law 5/2004), which the Macau government announced last April (in writing) to the Legislative Assembly that it intended to revise “to enhance the regulatory standards regarding the granting of credit for casino gaming or betting.”\n\n\n\nConsidering the way authorities address the city\u2019s core industry, Macau has a business that it seems not to like!", "date_published": "December 10, 2022", "date_modified": "December 09, 2022 - 10:50", "author": { "name": "Ant\u00f3nio Lobo Vilela", "url": "https://www.macaubusiness.com/author/avilela/", "avatar": "https://secure.gravatar.com/avatar/d2a8ffae8f0ca7337aa634d77eb3ce86?s=512&d=mm&r=g" }, "image": "https://mbusiness.sgp1.digitaloceanspaces.com/2020/09/Gaming-changer.png", "tags": [ "Macau", "Macau Business", "MAG", "MB", "MB Featured", "Opinion" ], "summary": "On November 15, the Chief Executive presented the Policy Address (LAG) for 2023 to the Legislative Assembly." }, { "id": "https://www.macaubusiness.com/%e3%80%90%e6%99%82%e4%ba%8b%e8%a9%95%e8%ab%96%e3%80%91%e5%95%8f%e9%a1%8c%e5%9c%a8%e6%96%bc%ef%bc%9a%e7%94%9f%e5%ad%98%e9%82%84%e6%98%af%e6%af%81%e6%bb%85/", "url": "https://www.macaubusiness.com/%e3%80%90%e6%99%82%e4%ba%8b%e8%a9%95%e8%ab%96%e3%80%91%e5%95%8f%e9%a1%8c%e5%9c%a8%e6%96%bc%ef%bc%9a%e7%94%9f%e5%ad%98%e9%82%84%e6%98%af%e6%af%81%e6%bb%85/", "title": "\u3010\u6642\u4e8b\u8a55\u8ad6\u3011\u554f\u984c\u5728\u65bc\uff1a\u751f\u5b58\u9084\u662f\u6bc1\u6ec5", "content_html": "![\"\"](\"https://mbusiness.sgp1.digitaloceanspaces.com/2017/09/ggr-150x150.jpg\")
\n\u6eab\u4ee4\u97dc (Ant\u00f3nio Lobo Vilela)
\n\n\n\n\u6fb3\u9580\u5f8b\u5e2b\uff0c\u300a\u6fb3\u9580\u535a\u5f69\u6cd5\u300b\u4e00\u66f8\u4f5c\u8005
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\n\n\n\n\u5118\u7ba1\u4e2d\u7d1a\u6cd5\u9662\u7684\u6cd5\u5b98\u5c08\u6848\u7d44\u6709\u6642\u7121\u6cd5\u7d71\u4e00\u610f\u898b\uff0c\u5f9e\u8207\u6b64\u76f8\u95dc\u7684\u67d0\u4e9b\u5224\u6c7a\u7684\u8868\u6c7a\u8072\u660e\u4e2d\u5c31\u80fd\u660e\u986f\u770b\u5230\uff0c\u7136\u800c\u4e2d\u7d1a\u6cd5\u9662\u7684\u4e00\u8cab\u5224\u4f8b\u662f\u8003\u616e\u5e78\u904b\u535a\u5f69\u904b\u71df\u5546\u662f\u5426\u201c\u4ee5\u5c08\u71df\u5236\u5ea6\u7d93\u71df\u696d\u52d9\u4e4b\u516c\u53f8\u201d\uff0c\u56e0\u6b64\uff0c\u201c\u884c\u653f\u7ba1\u7406\u6a5f\u95dc\u3001\u76e3\u5bdf\u6a5f\u95dc\u6216\u5176\u4ed6\u6027\u8cea\u4e4b\u6a5f\u95dc\u4e4b\u64da\u4f4d\u4eba\u53ca\u5de5\u4f5c\u4eba\u54e1\u201d\u7b49\u540c\u65bc\u516c\u52d9\u54e1\u3002
\n\n\n\n\u6cd5\u9662\u8a8d\u70ba\uff0c\u535a\u5f69\u7d93\u71df\u724c\u7167\u7684\u6578\u76ee\u4e26\u975e\u91d0\u5b9a\u535a\u5f69\u516c\u53f8\u662f\u5426\u5c08\u71df\u6027\u8cea\u7684\u6c7a\u5b9a\u56e0\u7d20\uff0c\u201c\u2018\u6392\u4ed6\u6027\u2019\u4e0d\u61c9\u8207\u58df\u65b7\u76f8\u6df7\u6dc6\u201d\uff0c\u56e0\u201c\u767c\u51fa\u724c\u7167\u7684\u6578\u91cf\u591a\u4e0d\u7b49\u65bc\u535a\u5f69\u696d\u5c31\u5df2\u9032\u5165\u4e86\u771f\u6b63\u7684\u81ea\u7531\u5316\u201d\u3002\u63db\u8a00\u4e4b\uff0c\u5411\u4e0d\u540c\u5be6\u9ad4\u767c\u51fa\u535a\u5f69\u7d93\u71df\u724c\u7167\uff0c\u4e26\u4e0d\u610f\u5473\u8457\u5e78\u904b\u535a\u5f69\u5df2\u6210\u70ba\u4e00\u500b\u53ef\u81ea\u7531\u53c3\u8207\u7684\u9818\u57df\u3002\u65e2\u7136\u80fd\u5920\u7d93\u71df\u6709\u95dc\u696d\u52d9\u7684\u5be6\u9ad4\u6578\u91cf\u53d7\u5230\u9650\u5236\uff0c\u90a3\u9ebc\u9084\u662f\u4fdd\u7559\u4e86\u5c08\u71df\u7684\u6027\u8cea\u3002
\n\n\n\n\u4e0d\u7ba1\u9019\u4e00\u63a8\u7406\u7684\u5408\u7406\u6027\u548c\u7528\u65bc\u7b49\u540c\u7684\u6a19\u6e96\u5982\u4f55\uff0c\u8003\u616e\u5230\u5e78\u904b\u535a\u5f69\u696d\u52d9\u6536\u5165\u5728\u6fb3\u9580\u653f\u5e9c\u8ca1\u653f\u6536\u5165\u4e2d\u6240\u4f54\u7684\uff08\u91cd\u8981\uff09\u6b0a\u91cd\uff0c\u6211\u5011\u8a8d\u70ba\u7b49\u540c\u65bc\u516c\u52d9\u54e1\u61c9\u8a72\u59cb\u7d42\u9069\u7528\u65bc\u5e78\u904b\u535a\u5f69\u904b\u71df\u5546\u3002\u5b83\u898f\u5b9a\u4e86\u5a1b\u6a02\u5834\u5e78\u904b\u535a\u5f69\u7d93\u71df\u6279\u7d66\u7684\u6027\u8cea\uff0c\u4ee5\u53ca\u6279\u7d66\u4eba\uff08\u5373\u6fb3\u9580\u7279\u5225\u884c\u653f\u5340\uff09\u8207\u627f\u6279\u4eba\u4e4b\u9593\u7684\u7279\u6b8a\u5408\u4f5c\u95dc\u4fc2\u3002
\n\n\n\n\u6839\u64da\u6cd5\u5f8b\uff0c\u6fb3\u9580\u7279\u5225\u884c\u653f\u5340\u4fdd\u6709\u5e78\u904b\u535a\u5f69\u4e4b\u7d93\u71df\u6b0a\u3002\u6b64\u985e\u696d\u52d9\u7684\u5c08\u71df\u6b0a\u5c6c\u516c\u5171\u7279\u8a31\u6b0a\uff08\u7531\u884c\u653f\u5408\u540c\u6388\u4e88\uff09\uff0c\u6b63\u5982 Freitas do Amaral \u6240\u8aaa\uff0c\u4e0d\u5b58\u5728\u201c\u4e00\u9805\u7531\u570b\u5bb6\u8a31\u53ef\u884c\u4f7f\u7684\u79c1\u4eba\u6b0a\u5229\uff0c\u800c\u662f\u5b58\u5728\u4e00\u9805\u7531\u79c1\u4eba\u900f\u904e\u6279\u7d66\u800c\u884c\u4f7f\u7684\u570b\u5bb6\u6b0a\u5229\u201d\u3002\u6b64\u5916\uff0c\u6b63\u5982\u62db\u6a19\u59d4\u54e1\u6703\u57282002\u5e74\u8d77\u8349\u7684\u5177\u8aaa\u660e\u7406\u7531\u7684\u5831\u544a\u66f8\u4e2d\u6240\u8868\u660e\u7684\u90a3\u6a23\uff0c\u5e78\u904b\u535a\u5f69\u4e4b\u7d93\u71df\u6b0a\u6279\u7d66\u610f\u5473\u8457\u201c\u900f\u904e\u6cd5\u5f8b\u8f49\u8b8a\u70ba\u79c1\u4eba\u5f9e\u4e8b\u7684\u6d3b\u52d5\uff0c\u4e26\u5c07\u4e4b\u4ea4\u7531\u53e6\u4e00\u4eba\u5f9e\u4e8b\uff0c\u4ee5\u4fbf\u8a72\u4eba\u4ee5\u81ea\u8ca0\u76c8\u8667\u7684\u65b9\u5f0f\u5728\u8b00\u6c42\u6574\u9ad4\u5229\u76ca\u7684\u7bc4\u570d\u5167\u5f9e\u4e8b\u201d \u3002
![\"\"](\"https://hogo.sgp1.digitaloceanspaces.com/macaubusiness/wp-content/uploads/2022/11/AdobeStock_305069885-150x150.jpeg\")
\nAnt\u00f3nio Lobo Vilela is a lawyer based in Macau and the author of the Macau Gaming Law Book
\n\n\n\n\n\n\n\nThe president of the Court of Final Appeal announced, in his speech at the formal opening session of the judicial year 2022/2023, that “in due course, the Court of Final Instance will issue (…) a unification judgment with binding effect on the issue of whether the six [casino] gaming concessionaires are companies operating on an exclusive basis, to determine whether the more than 50.000 employees of these companies are equated to “public servant” for the provisions of the Criminal Code (…), to decide whether they should be convicted as perpetrators of crimes whose subject is a public servant.”
\n\n\n\nWith no parallel in the 1886 Criminal Code, the (current) 1995 Criminal Code equates (for criminal purposes) some entities to public servants, including “[t]he members of managing, oversight, and other boards and the employees of state-owned companies, companies whose share capital is whole or majority-owned by the state, as well as concessionaires of public services or assets or companies operating on an exclusive basis” (Article 336(2)(c)). The inclusion of this provision was not, at the time, free of criticism. According to the 1995 Report of the working sessions dedicated to the future Criminal Code of Macau, the Legislative Assembly considered that the provision was “too broad” by including “workers who clearly should be excluded, such as those of state-owned companies and concessionaires.”
\n\n\n\nAt stake is knowing whether or not the casino gaming operators fall within the scope of “companies operating on an exclusive basis.”
\n\n\n\nWhen the Criminal Code was approved, each type of gambling permitted in Macau (casino games of chance, mutual betting, and operations offered to the public) was granted under a monopoly regime. Thus, there were no doubts regarding STDM, the previous concessionaire of the exclusive for the operation of casino games of chance. The same does not apply to the current casino gaming operators in the framework of the closed oligopoly resulting from the “liberalisation” of the casino gaming sector that started in 2001.
\n\n\n\nThe issue is pertinent and has consequences on at least three different levels.
\n\n\n\nFirstly, as equating to public servants becomes binding case law, the employees of the casino gaming operators will be punished more severely than if they did not have that quality. Some common crimes will no longer apply to them but to what the doctrine calls “improper functional crimes,” i.e., crimes that, although similar to certain common crimes, are specifically designed for the civil service with more severe penalties. Imagine the case of a dealer who illegitimately appropriates casino gaming chips for his profit. Once the equating is established, the conduct is punishable as embezzlement by a public servant, a functional crime (i.e., applicable only to those who are public servants) punishable by imprisonment of 1 to 8 years and not, depending on the circumstances, as criminal breach of trust or theft, both (common) crimes punishable by imprisonment of up to 3 years or a fine.
\n\n\n\nSecondly, equating to public servants means that certain conduct of the employees of casino gaming operators can be criminally punished, which would not happen if there was no equating. There are crimes (called “proper functional crimes”) that only apply to those who are public servants. This is the case of the crime of abandonment of functions, which applies, for example, to a board member who illegitimately abandons his duties or neglects to perform them to prevent or interrupt, in this case, the activity of the casino gaming operator.
\n\n\n\nThirdly, and no less important, is the (delicate) possibility of “contagion” of the quality of public servants. As a general rule, in situations of joint authorship in facts whose unlawfulness or degree of unlawfulness depends on the quality of public servant, it is enough for one of them to hold it for the applicable penalty to extend to all the others (article 27 of the Criminal Code). Thus, if a dealer instigates a gambler to take casino gaming chips illegitimately to defraud the casino, the quality of public servant of the instigator-dealer (the “intraneus”) communicates to the gambler-author (the “extraneus”), and they will be punished with the penalty provided for the functional crime of embezzlement by a public servant.
\n\n\n\n![\"\"](\"https://www.macaubusiness.com/wp-content/uploads/2021/06/1-GGR.jpg\")
Moreover, it is a topical issue.
\n\n\n\nAs stated by its president, the Court of Final Appeal will (“in due course”) issue a unification judgment with binding effect.
\n\n\n\nThe unification judgment with binding effect derives from an appeal against the opposition of judgments in the absence of binding case law. In other words, it results from an appeal lodged against a judicial decision that is in opposition (by adopting the opposite solution) to another decision of the same or a higher court “on the same fundamental question of law and in the absence of a substantial change in the legal framework.” The unification judgment with binding effect is published in the Official Gazette and, from that moment onwards, constitutes binding case law for the courts in Macau.
\n\n\n\nNotwithstanding the lack of unanimity sometimes observed among the panel of judges of the Court of Second Instance, which is evident in the dissenting opinions in some of the judgments rendered on the matter, it has been a constant jurisprudence of the Court of Second Instance to consider the casino gaming operators as “companies operating on an exclusive basis” and, consequently, “[t]he members of managing, oversight, and other boards and the employees” as equated to public servants.
\n\n\n\nThe Court has held that the number of concessions is not the decisive factor and that “\u2018exclusivity\u2019 should not be confused with monopoly\u2019” because “a plurality of casino concessionaires does not imply that there is a liberalisation of that sector of the economy.” In other words, granting concessions to various entities does not mean that the operation of casino games of chance has been transformed into a freely accessible activity. Exclusivity is maintained if there is a limitation on the number of entities that may exercise the activity.
\n\n\n\nRegardless of the soundness of this reasoning and the criterion used for equating, given the (vital) weight that casino gaming revenues represent in the public accounts of Macau, it is believed that equating to public servants should always apply to the casino gaming operators. It dictates the nature of the casino gaming concession and the special collaboration relationship between the grantor (the Macau SAR) and the concessionaires.
\n\n\n\nThe operation of casino games of chance is, by law, a reserve of the Macau SAR. The concessions for such operations are public concessions (granted by administrative contract) where, as Freitas do Amaral stated (O Caso do Tamariz [The Tamariz Case], O Direito, year 96, 1964), there is not a “right of the private individual that is exercised with the State\u2019s authorisation, but rather a right of the State which the private individual exercises through a concession.” Furthermore, and as the Substantiated Report drawn up by the Public Tender Commission in 2002 makes clear, a concession for the operation of casino games of chance implies “the exercising of an activity that is the reserve of a granting public legal person, legally subtracted from private initiative, by another person, in order for the latter to perform this itself and at its own risk, albeit in the general interest.”
\n", "content_text": "Ant\u00f3nio Lobo Vilela is a lawyer based in Macau and the author of the Macau Gaming Law Book\n\n\n\n(www.macaugaminglaw.com)\n\n\n\n\n\n\n\nThe president of the Court of Final Appeal announced, in his speech at the formal opening session of the judicial year 2022/2023, that “in due course, the Court of Final Instance will issue (…) a unification judgment with binding effect on the issue of whether the six [casino] gaming concessionaires are companies operating on an exclusive basis, to determine whether the more than 50.000 employees of these companies are equated to “public servant” for the provisions of the Criminal Code (…), to decide whether they should be convicted as perpetrators of crimes whose subject is a public servant.”\n\n\n\nWith no parallel in the 1886 Criminal Code, the (current) 1995 Criminal Code equates (for criminal purposes) some entities to public servants, including “[t]he members of managing, oversight, and other boards and the employees of state-owned companies, companies whose share capital is whole or majority-owned by the state, as well as concessionaires of public services or assets or companies operating on an exclusive basis” (Article 336(2)(c)). The inclusion of this provision was not, at the time, free of criticism. According to the 1995 Report of the working sessions dedicated to the future Criminal Code of Macau, the Legislative Assembly considered that the provision was “too broad” by including “workers who clearly should be excluded, such as those of state-owned companies and concessionaires.”\n\n\n\nAt stake is knowing whether or not the casino gaming operators fall within the scope of “companies operating on an exclusive basis.”\n\n\n\nWhen the Criminal Code was approved, each type of gambling permitted in Macau (casino games of chance, mutual betting, and operations offered to the public) was granted under a monopoly regime. Thus, there were no doubts regarding STDM, the previous concessionaire of the exclusive for the operation of casino games of chance. The same does not apply to the current casino gaming operators in the framework of the closed oligopoly resulting from the “liberalisation” of the casino gaming sector that started in 2001.\n\n\n\nThe issue is pertinent and has consequences on at least three different levels.\n\n\n\nFirstly, as equating to public servants becomes binding case law, the employees of the casino gaming operators will be punished more severely than if they did not have that quality. Some common crimes will no longer apply to them but to what the doctrine calls “improper functional crimes,” i.e., crimes that, although similar to certain common crimes, are specifically designed for the civil service with more severe penalties. Imagine the case of a dealer who illegitimately appropriates casino gaming chips for his profit. Once the equating is established, the conduct is punishable as embezzlement by a public servant, a functional crime (i.e., applicable only to those who are public servants) punishable by imprisonment of 1 to 8 years and not, depending on the circumstances, as criminal breach of trust or theft, both (common) crimes punishable by imprisonment of up to 3 years or a fine.\n\n\n\nSecondly, equating to public servants means that certain conduct of the employees of casino gaming operators can be criminally punished, which would not happen if there was no equating. There are crimes (called “proper functional crimes”) that only apply to those who are public servants. This is the case of the crime of abandonment of functions, which applies, for example, to a board member who illegitimately abandons his duties or neglects to perform them to prevent or interrupt, in this case, the activity of the casino gaming operator.\n\n\n\nThirdly, and no less important, is the (delicate) possibility of “contagion” of the quality of public servants. As a general rule, in situations of joint authorship in facts whose unlawfulness or degree of unlawfulness depends on the quality of public servant, it is enough for one of them to hold it for the applicable penalty to extend to all the others (article 27 of the Criminal Code). Thus, if a dealer instigates a gambler to take casino gaming chips illegitimately to defraud the casino, the quality of public servant of the instigator-dealer (the “intraneus”) communicates to the gambler-author (the “extraneus”), and they will be punished with the penalty provided for the functional crime of embezzlement by a public servant.\n\n\n\n\n\n\n\nMoreover, it is a topical issue.\n\n\n\nAs stated by its president, the Court of Final Appeal will (“in due course”) issue a unification judgment with binding effect.\n\n\n\nThe unification judgment with binding effect derives from an appeal against the opposition of judgments in the absence of binding case law. In other words, it results from an appeal lodged against a judicial decision that is in opposition (by adopting the opposite solution) to another decision of the same or a higher court “on the same fundamental question of law and in the absence of a substantial change in the legal framework.” The unification judgment with binding effect is published in the Official Gazette and, from that moment onwards, constitutes binding case law for the courts in Macau.\n\n\n\nNotwithstanding the lack of unanimity sometimes observed among the panel of judges of the Court of Second Instance, which is evident in the dissenting opinions in some of the judgments rendered on the matter, it has been a constant jurisprudence of the Court of Second Instance to consider the casino gaming operators as “companies operating on an exclusive basis” and, consequently, “[t]he members of managing, oversight, and other boards and the employees” as equated to public servants.\n\n\n\nThe Court has held that the number of concessions is not the decisive factor and that “\u2018exclusivity\u2019 should not be confused with monopoly\u2019” because “a plurality of casino concessionaires does not imply that there is a liberalisation of that sector of the economy.” In other words, granting concessions to various entities does not mean that the operation of casino games of chance has been transformed into a freely accessible activity. Exclusivity is maintained if there is a limitation on the number of entities that may exercise the activity.\n\n\n\nRegardless of the soundness of this reasoning and the criterion used for equating, given the (vital) weight that casino gaming revenues represent in the public accounts of Macau, it is believed that equating to public servants should always apply to the casino gaming operators. It dictates the nature of the casino gaming concession and the special collaboration relationship between the grantor (the Macau SAR) and the concessionaires.\n\n\n\nThe operation of casino games of chance is, by law, a reserve of the Macau SAR. The concessions for such operations are public concessions (granted by administrative contract) where, as Freitas do Amaral stated (O Caso do Tamariz [The Tamariz Case], O Direito, year 96, 1964), there is not a “right of the private individual that is exercised with the State\u2019s authorisation, but rather a right of the State which the private individual exercises through a concession.” Furthermore, and as the Substantiated Report drawn up by the Public Tender Commission in 2002 makes clear, a concession for the operation of casino games of chance implies “the exercising of an activity that is the reserve of a granting public legal person, legally subtracted from private initiative, by another person, in order for the latter to perform this itself and at its own risk, albeit in the general interest.”", "date_published": "November 06, 2022", "date_modified": "November 06, 2022 - 14:38", "author": { "name": "Ant\u00f3nio Lobo Vilela", "url": "https://www.macaubusiness.com/author/avilela/", "avatar": "https://secure.gravatar.com/avatar/d2a8ffae8f0ca7337aa634d77eb3ce86?s=512&d=mm&r=g" }, "image": "https://hogo.sgp1.digitaloceanspaces.com/macaubusiness/wp-content/uploads/2022/11/AdobeStock_305069885.jpeg", "tags": [ "Macau", "Macau Business", "MAG", "MB", "MB Featured", "Opinion" ], "summary": "The president of the Court of Final Appeal announced, in his speech at the formal opening session of the judicial year 2022/2023, that \"in due course, the Court of Final Instance will issue (...) a unification judgment with binding effect on the issue of whether the six [casino] gaming concessionaires are companies operating on an exclusive basis, to determine whether the more than 50.000 employees of these companies are equated to \"public servant\" for the provisions of the Criminal Code (...), to decide whether they should be convicted as perpetrators of crimes whose subject is a public servant.\"" }, { "id": "https://www.macaubusiness.com/%e3%80%90%e6%99%82%e4%ba%8b%e8%a9%95%e8%ab%96%e3%80%91%e5%85%ad%e8%ae%8a%e4%b8%83%ef%bc%81/", "url": "https://www.macaubusiness.com/%e3%80%90%e6%99%82%e4%ba%8b%e8%a9%95%e8%ab%96%e3%80%91%e5%85%ad%e8%ae%8a%e4%b8%83%ef%bc%81/", "title": "\u3010\u6642\u4e8b\u8a55\u8ad6\u3011\u516d\u8b8a\u4e03\uff01", "content_html": "![\"\"](\"https://hogo.sgp1.digitaloceanspaces.com/macaubusiness/wp-content/uploads/2022/07/0E238A8E-E559-4CAD-941C-B0EBD881C87A-150x150.png\")
\n\u5728\u662f\u6b21\u5a1b\u6a02\u5834\u5e78\u904b\u535a\u5f69\u7d93\u71df\u6279\u7d66\u516c\u958b\u7af6\u6295\u51fa\u73fe\u7b2c\u4e03\u9593\u53c3\u8207\u7af6\u6295\u516c\u53f8\u5be6\u5728\u4ee4\u4eba\u6709\u9ede\u610f\u5916\u3002
\n\n\n\n![\"\"](\"https://hogo.sgp1.digitaloceanspaces.com/macaubusiness/wp-content/uploads/2021/12/Vilela-photo-.png\")
\u6e29\u4ee4\u97dc\uff08Ant\u00f3nio Lobo Vilela\uff09\uff0c\u6fb3\u9580\u5927\u5f8b\u5e2b\uff0c
\n\n\n\n\u300aMacau Gaming Law Book\uff08\u6fb3\u9580\u535a\u5f69\u6cd5\uff09\u300b\u4f5c\u8005(www.macaugaminglaw.com)
\n\n\n\n\u662f\u6b21\u516c\u958b\u7af6\u6295\u5c0d\u64ec\u9032\u5165\u6fb3\u9580\u5e02\u5834\u7684\u65b0\u73a9\u5bb6\u9817\u6b20\u5438\u5f15\u529b\uff08\u65b0\u7684\u535a\u5f69\u7d93\u71df\u6279\u7d66\u4ee4\u4eba\u8208\u5473\u7d22\u7136\uff09\u78ba\u6709\u7a2e\u7a2e\u539f\u56e0\uff0c\u5176\u4e2d\u503c\u5f97\u5f37\u8abf\u7684\u5305\u62ec\u4f9b\u7af6\u6295\u7684\u6279\u7d66\u6578\u76ee\u8207\u73fe\u6709\u5a1b\u6a02\u5834\u71df\u904b\u5546\u7684\u6578\u76ee\u76f8\u540c\u3001\u65b0\u6279\u7d66\u7684\u671f\u6548\u504f\u77ed\uff0c\u800c\u6fb3\u9580\u535a\u5f69\u696d\u81ea\u53bb\u5e74\u958b\u59cb\u840e\u7e2e\u3001\u7af6\u6295\u8981\u6c42\u504f\u9ad8\u3001\u5c0d\u77ed\u4e2d\u671f\u7d93\u6fdf\u5411\u597d\u767c\u5c55\u7684\u4fe1\u5fc3\u4e0d\u8db3\u3001\u6fb3\u9580\u653f\u5e9c\u8072\u660e\u4e0d\u6703\u5411\u672a\u4f86\u627f\u6279\u516c\u53f8\u6279\u51fa\u65b0\u571f\u5730\uff0c\u7b49\u7b49\u3002
\n\n\n\n\u51fa\u73fe\u7b2c\u4e03\u9593\u53c3\u8207\u7af6\u6295\u516c\u53f8\u6703\u4ee4\u7af6\u6295\u904e\u7a0b\u91cd\u65b0\u6d17\u724c\u3002
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\n\n\n\n\u5728\u6700\u8fd1\u4fee\u6539\u898f\u7bc4\u516c\u958b\u7af6\u6295\u7684\u884c\u653f\u6cd5\u898f\u6642\uff0c\u6fb3\u9580\u653f\u5e9c\u9069\u7576\u8abf\u6574\u4e86\u5224\u7d66\u6279\u7d66\u7684\u6a19\u6e96\uff0c\u5236\u5b9a\u4e86\u5207\u5408\u5c0d\u6fb3\u9580\u9f8d\u982d\u7522\u696d\u767c\u5c55\u9810\u671f\u7684\uff08\u65b0\uff09\u6a19\u6e96\uff08\u5728\u884c\u653f\u6cd5\u898f\u4e2d\u537b\u4e0d\u6070\u7576\u5730\u7a31\u4e4b\u70ba\u201c\u56e0\u7d20\u201d\uff09\u3002\u4e8b\u5be6\u4e0a\uff0c\u9664\u4e86\u95dc\u65bc\u6ea2\u50f9\u91d1\u3001\u7d93\u71df\u7d93\u9a57\u548c\u6295\u8cc7\u7684\u5224\u7d66\u6a19\u6e96\u5916\uff0c\u5176\u9918\u6a19\u6e96\u5747\u5c6c\u65b0\u589e\uff0c\u662f2001\u5e74\u516c\u958b\u7af6\u6295\u6642\u6c92\u6709\u63a1\u7528\u7684\u6a19\u6e96\u3002
\n\n\n\n![\"\"](\"https://hogo.sgp1.digitaloceanspaces.com/macaubusiness/wp-content/uploads/2022/10/7-seven-luck-casino-slot-machine-gaming-gambling-macau-1028x678.png\")
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\n\n\n\n\u9019\u6216\u5c07\u4ee4\u6fb3\u9580\u65b0\u4e00\u8f2a\u5a1b\u6a02\u5834\u5e78\u904b\u535a\u5f69\u7d93\u71df\u6279\u7d66\u516c\u958b\u7af6\u6295\u8499\u4e0a\u9670\u5f71\uff0c\u4e26\u8feb\u4f7f\u7576\u5c40\u91cd\u65b0\u6d17\u724c\u3002
\n\n\n\n\u8001\u5144\uff0c\u795d\u4f60\u597d\u904b\uff01
![\"\"](\"https://hogo.sgp1.digitaloceanspaces.com/macaubusiness/wp-content/uploads/2022/10/7-seven-luck-casino-slot-machine-gaming-gambling-macau-150x150.png\")
\nAnt\u00f3nio Lobo Vilela is a lawyer based in Macau and the author of the Macau Gaming Law Book
\n\n\n\n\n\n\n\nSurprisingly, a seventh bidder appeared in the public tender for the award of casino gaming concessions.
\n\n\n\nSeveral reasons made the public tender somewhat unattractive (and the new gaming concessions uninteresting) to new players in the Macanese market. Among these reasons are the fact that the number of concessions put out to tender is equal to the current number of casino operators; the short term of the concessions to be awarded coupled with the downsizing of the gaming industry in the last year; the tender requirements; and the absence of (great) short- and medium-term economic expectations; or the Macau government’s statements about not awarding future concessionaires new land.
\n\n\n\nThe existence of a seventh bidder determines a new shuffling of the cards.
\n\n\n\nIn addition to requiring an initial (new and complete) suitability assessment process for the bidder that had never operated in Macau and, therefore, being able to prolong a tender that the Macau government anticipated would be (too) swift, it makes the processual and procedural conduction of the public tender itself (even) more demanding.
\n\n\n\nThe application for judicial review to the Court of Second Instance against the act of award by the unsuccessful bidder is no longer a remote possibility, which would not arise if the current casino operators were the only bidders. It may even become a serious possibility given that there can be no association of bidders (because it is not regulated) and, especially considering directors\u2019 fiduciary duties of loyalty and care to the company and its stockholders, primarily as regulated by common law countries.
\n\n\n\nAccording to the law, the casino concessions are awarded to bidders deemed suitable and with financial capacity who present the most advantageous conditions for the Macau SAR in the proper operation of casino games of chance.
\n\n\n\nTo specify the “most advantageous conditions,” the law establishes criteria for awarding the concessions that allow the comparison of the proposals submitted by the bidders during the evaluation and assessment carried out by the tender commission as the bidding jury.
\n\n\n\nIn the recent amendment to the administrative regulation governing the public tender, the Macau government \u2013 rightly \u2013 changed the criteria for awarding the concessions, establishing (new) criteria (which it inappropriately calls “factors”) in line with the stage of development it anticipates and aspires for Macau’s primary industry. In fact, except for the criteria relating to premium, experience, and investment, all the other awarding criteria are new to the criteria used in the public tender opened in 2001.
\n\n\n\nAll these awarding criteria (the list of which is merely illustrative) were transposed (as such) to the tender program (which also mentions that they are illustrative, although criteria not expressly provided for may not be considered\u2026).
\n\n\n\n![\"\"](\"https://hogo.sgp1.digitaloceanspaces.com/macaubusiness/wp-content/uploads/2022/07/0E238A8E-E559-4CAD-941C-B0EBD881C87A.png\")
Thus, the tender program establishes that “in selecting the bidders and evaluating the proposals, the following factors shall be considered, among others:
\n\n\n\n1) The amount of the variable portion of the proposed premium;
\n\n\n\n2) The plans aimed at expanding the markets of clients from foreign countries;
\n\n\n\n3) Experience in operating casino games of chance or related areas;
\n\n\n\n4) The interest to the Macau SAR from investments in gaming and non-gaming related projects;
\n\n\n\n5) The casino management plan;
\n\n\n\n6) The proposed supervision and prevention of illicit activities in casinos;
\n\n\n\n7) The social responsibilities they intend to assume.”
\n\n\n\nHowever, the tender program is silent as to the relative weight that each of these criteria has in ascertaining the “most advantageous conditions” presented by the bidders, i.e., the weighting factors necessary for assessing the awarding proposals and the selection and ranking of the bidders.
\n\n\n\nThis fact led to (at least) two requests for clarification to the tender commission by the bidders, who responded through two of the 114 clarifications it provided (in 2001, only 14 clarifications were provided…).
\n\n\n\nClarifications nos. 74 and 86, both dated 26 August 2022, state (in the Portuguese language version) that “[s]ubject to respect for the principles of justice and impartiality, the weighting coefficient and the calculation mechanism, as factors to be considered when evaluating the bids, will be defined in due course so that the respective information will not be provided to the bidders” (the Chinese language version does not contain the phrase “so that,” inculcating that the “respective information” will not be provided at all).
\n\n\n\nAccording to the tender program, the public tender “comprises a minimum of two phases: the first phase is for the submission of awarding proposals, followed by one or more consecutive consultation phases with the bidders, aimed at evaluating the awarding proposals submitted (…)”.
\n\n\n\nThe tender commission has already started the first round of the consecutive consultation phases, having met with all bidders in the last week of September. It has already opened the enclosures containing the awarding proposals submitted, taking note of them. It has already sat with the bidders at the table to negotiate the proposals. However, the Macau government did not consider it appropriate to define the “weighting coefficient and the calculation mechanism” before that time.
\n\n\n\nIt is not enough to be; one must appear to be, just like Caesar’s wife.
\n\n\n\nThe lack of prior definition of the “weighting coefficient and the calculation mechanism” makes it possible to arbitrarily reorder the criteria, valuing or devaluing the relative importance of each one of them, thus allowing the jury to select the proposals or choose the bidders as it sees fit. It is like playing a game where the rules are set after the cards are face up.
\n\n\n\nThis can cast a shadow over the public tender to award casino gaming concessions in Macau and force a new shuffling of the cards.
\n\n\n\nBest of British!
\n", "content_text": "Ant\u00f3nio Lobo Vilela is a lawyer based in Macau and the author of the Macau Gaming Law Book\n\n\n\n(www.macaugaminglaw.com)\n\n\n\n\n\n\n\nSurprisingly, a seventh bidder appeared in the public tender for the award of casino gaming concessions. \n\n\n\nSeveral reasons made the public tender somewhat unattractive (and the new gaming concessions uninteresting) to new players in the Macanese market. Among these reasons are the fact that the number of concessions put out to tender is equal to the current number of casino operators; the short term of the concessions to be awarded coupled with the downsizing of the gaming industry in the last year; the tender requirements; and the absence of (great) short- and medium-term economic expectations; or the Macau government’s statements about not awarding future concessionaires new land.\n\n\n\nThe existence of a seventh bidder determines a new shuffling of the cards.\n\n\n\nIn addition to requiring an initial (new and complete) suitability assessment process for the bidder that had never operated in Macau and, therefore, being able to prolong a tender that the Macau government anticipated would be (too) swift, it makes the processual and procedural conduction of the public tender itself (even) more demanding. \n\n\n\nThe application for judicial review to the Court of Second Instance against the act of award by the unsuccessful bidder is no longer a remote possibility, which would not arise if the current casino operators were the only bidders. It may even become a serious possibility given that there can be no association of bidders (because it is not regulated) and, especially considering directors\u2019 fiduciary duties of loyalty and care to the company and its stockholders, primarily as regulated by common law countries.\n\n\n\nAccording to the law, the casino concessions are awarded to bidders deemed suitable and with financial capacity who present the most advantageous conditions for the Macau SAR in the proper operation of casino games of chance. \n\n\n\nTo specify the “most advantageous conditions,” the law establishes criteria for awarding the concessions that allow the comparison of the proposals submitted by the bidders during the evaluation and assessment carried out by the tender commission as the bidding jury.\n\n\n\nIn the recent amendment to the administrative regulation governing the public tender, the Macau government \u2013 rightly \u2013 changed the criteria for awarding the concessions, establishing (new) criteria (which it inappropriately calls “factors”) in line with the stage of development it anticipates and aspires for Macau’s primary industry. In fact, except for the criteria relating to premium, experience, and investment, all the other awarding criteria are new to the criteria used in the public tender opened in 2001.\n\n\n\nAll these awarding criteria (the list of which is merely illustrative) were transposed (as such) to the tender program (which also mentions that they are illustrative, although criteria not expressly provided for may not be considered\u2026). \n\n\n\n\n\n\n\nThus, the tender program establishes that “in selecting the bidders and evaluating the proposals, the following factors shall be considered, among others:\n\n\n\n1) The amount of the variable portion of the proposed premium;\n\n\n\n2) The plans aimed at expanding the markets of clients from foreign countries;\n\n\n\n3) Experience in operating casino games of chance or related areas;\n\n\n\n4) The interest to the Macau SAR from investments in gaming and non-gaming related projects;\n\n\n\n5) The casino management plan;\n\n\n\n6) The proposed supervision and prevention of illicit activities in casinos;\n\n\n\n7) The social responsibilities they intend to assume.”\n\n\n\nHowever, the tender program is silent as to the relative weight that each of these criteria has in ascertaining the “most advantageous conditions” presented by the bidders, i.e., the weighting factors necessary for assessing the awarding proposals and the selection and ranking of the bidders.\n\n\n\nThis fact led to (at least) two requests for clarification to the tender commission by the bidders, who responded through two of the 114 clarifications it provided (in 2001, only 14 clarifications were provided…).\n\n\n\nClarifications nos. 74 and 86, both dated 26 August 2022, state (in the Portuguese language version) that “[s]ubject to respect for the principles of justice and impartiality, the weighting coefficient and the calculation mechanism, as factors to be considered when evaluating the bids, will be defined in due course so that the respective information will not be provided to the bidders” (the Chinese language version does not contain the phrase “so that,” inculcating that the “respective information” will not be provided at all).\n\n\n\nAccording to the tender program, the public tender “comprises a minimum of two phases: the first phase is for the submission of awarding proposals, followed by one or more consecutive consultation phases with the bidders, aimed at evaluating the awarding proposals submitted (…)”. \n\n\n\nThe tender commission has already started the first round of the consecutive consultation phases, having met with all bidders in the last week of September. It has already opened the enclosures containing the awarding proposals submitted, taking note of them. It has already sat with the bidders at the table to negotiate the proposals. However, the Macau government did not consider it appropriate to define the “weighting coefficient and the calculation mechanism” before that time.\n\n\n\nIt is not enough to be; one must appear to be, just like Caesar’s wife.\n\n\n\nThe lack of prior definition of the “weighting coefficient and the calculation mechanism” makes it possible to arbitrarily reorder the criteria, valuing or devaluing the relative importance of each one of them, thus allowing the jury to select the proposals or choose the bidders as it sees fit. It is like playing a game where the rules are set after the cards are face up.\n\n\n\nThis can cast a shadow over the public tender to award casino gaming concessions in Macau and force a new shuffling of the cards. \n\n\n\nBest of British!", "date_published": "October 08, 2022", "date_modified": "October 08, 2022 - 01:40", "author": { "name": "Ant\u00f3nio Lobo Vilela", "url": "https://www.macaubusiness.com/author/avilela/", "avatar": "https://secure.gravatar.com/avatar/d2a8ffae8f0ca7337aa634d77eb3ce86?s=512&d=mm&r=g" }, "image": "https://hogo.sgp1.digitaloceanspaces.com/macaubusiness/wp-content/uploads/2022/10/7-seven-luck-casino-slot-machine-gaming-gambling-macau.png", "tags": [ "Macau", "Macau Business", "MAG", "MAG Featured", "MB", "MB Featured", "Opinion" ], "summary": "Surprisingly, a seventh bidder appeared in the public tender for the award of casino gaming concessions. " }, { "id": "https://www.macaubusiness.com/%e3%80%90%e6%99%82%e4%ba%8b%e8%a9%95%e8%ab%96%e3%80%91%e8%ae%93%e5%88%a5%e4%ba%ba%e5%b9%b9%e8%87%aa%e5%b7%b1%e7%9a%84%e4%bb%bd%e5%85%a7%e4%ba%8b%ef%bc%81/", "url": "https://www.macaubusiness.com/%e3%80%90%e6%99%82%e4%ba%8b%e8%a9%95%e8%ab%96%e3%80%91%e8%ae%93%e5%88%a5%e4%ba%ba%e5%b9%b9%e8%87%aa%e5%b7%b1%e7%9a%84%e4%bb%bd%e5%85%a7%e4%ba%8b%ef%bc%81/", "title": "\u3010\u6642\u4e8b\u8a55\u8ad6\u3011\u8b93\u5225\u4eba\u5e79\u81ea\u5df1\u7684\u4efd\u5167\u4e8b\uff01", "content_html": "![\"\"](\"https://hogo.sgp1.digitaloceanspaces.com/macaubusiness/wp-content/uploads/2022/08/CKK_5228-150x150.jpg\")
\n\u6eab\u4ee4\u97dc (Ant\u00f3nio Lobo Vilela)
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\n", "content_text": "\u6eab\u4ee4\u97dc (Ant\u00f3nio Lobo Vilela)\n\n\n\n\u6fb3\u9580\u5f8b\u5e2b\uff0c\u300a\u6fb3\u9580\u535a\u5f69\u6cd5\u300b\u4e00\u66f8\u4f5c\u8005\n\n\n\n (www.macaugaminglaw.com)\n\n\n\n\n\n\n\n\u662f\u6b21\u4fee\u6539\u6fb3\u9580\u300a\u535a\u5f69\u6cd5\u300b\u522a\u9664\u4e86\u8207\u5a1b\u6a02\u5834\u71df\u904b\u5546\u6240\u71df\u4e8b\u696d\u6709\u95dc\u7684\u539f\u5247\uff0c\u6839\u64da\u8a72\u539f\u5247\uff0c\u5a1b\u6a02\u5834\u71df\u904b\u5546\u7684\u6240\u71df\u4e8b\u696d\u50c5\u70ba\u201c\u7d93\u71df\u5a1b\u6a02\u5834\u5e78\u904b\u535a\u5f69\u6216\u5176\u4ed6\u65b9\u5f0f\u7684\u535a\u5f69\u201d\u3002\u96a8\u8457\u6cd5\u5f8b\u7684\u4fee\u6539\uff0c\u672a\u4f86\u7684\u5a1b\u6a02\u5834\u71df\u904b\u5546\u7684\u6240\u71df\u4e8b\u696d\u5fc5\u9808\u5305\u62ec\u4f46\u4e0d\u50c5\u9650\u65bc\u201c\u7d93\u71df\u5a1b\u6a02\u5834\u5e78\u904b\u535a\u5f69\u201d\u3002\n\n\n\n2001\u5e74\u5236\u5b9a\u300a\u535a\u5f69\u6cd5\u300b\u6642\uff0c\u7acb\u6cd5\u8005\u8a8d\u70ba\u5a1b\u6a02\u5834\u71df\u904b\u5546\u61c9\u7576\u5c08\u6ce8\u65bc\u7d93\u71df\u5a1b\u6a02\u5834\u5e78\u904b\u535a\u5f69\u696d\u52d9\uff0c\u5373\u4ed6\u5011\u771f\u6b63\u719f\u8b58\u4e14\u5177\u5c08\u696d\u6280\u80fd\u6210\u529f\u62d3\u5c55\u7684\u696d\u52d9\u3002\n\n\n\n\u8a72\u6cd5\u5f8b\u540c\u6642\u898f\u5b9a\uff0c\u7d93\u6fb3\u9580\u653f\u5e9c\u9810\u5148\u8a31\u53ef\uff0c\u5a1b\u6a02\u5834\u71df\u904b\u5546\u7684\u6240\u71df\u4e8b\u696d\u4ea6\u53ef\u6db5\u84cb\u8207\u5a1b\u6a02\u5834\u5e78\u904b\u535a\u5f69\u7d93\u71df\u76f8\u95dc\u7684\u696d\u52d9\uff0c\u5373\u90a3\u4e9b\u8207\u5e78\u904b\u535a\u5f69\u7d93\u71df\u76f8\u4e92\u4f9d\u5b58\u7684\u696d\u52d9\uff0c\u4ee5\u53ca\u5c0d\u5e78\u904b\u535a\u5f69\u7d93\u71df\u8d77\u4e92\u88dc\u4f5c\u7528\uff0c\u4e26\u6709\u52a9\u5be6\u73fe\u300a\u535a\u5f69\u6cd5\u300b\u6240\u6307\u201c\u4fc3\u9032\u6fb3\u9580\u7279\u5340\u65c5\u904a\u201d\u548c\u5728\u4e00\u5b9a\u7a0b\u5ea6\u4e0a\u201c\u4fc3\u9032\u6fb3\u9580\u7279\u5340\u7d93\u6fdf\u767c\u5c55\u201d\u7684\u76ee\u6a19\u7684\u696d\u52d9\uff0c\u5305\u62ec\u9152\u5e97\u3001\u96f6\u552e\u3001\u9910\u98f2\u3001\u6703\u5c55\u3001\u5a1b\u6a02\u6d3b\u52d5\u7b49\u3002\u6b63\u5982\u4f5c\u70ba2002\u5e74\u5224\u7d66\u7d93\u71df\u5a1b\u6a02\u5834\u535a\u5f69\u6279\u7d66\u7406\u64da\u7684\u5177\u8aaa\u660e\u7406\u7531\u7684\u5831\u544a\u66f8\u5beb\u9053\uff1a\u201c\u5728\u7af6\u6295\u516c\u53f8\u5824\u4ea4\u7684\u5efa\u8b70\u66f8\u4e2d\uff0c\u7d55\u5927\u591a\u6578\u5747\u4ee5\u5c07\u6fb3\u9580\u8b8a\u6210\u4e00\u500b\u5177\u8cea\u7d20\u7684\u5340\u57df\u65c5\u904a\u53ca\u5a1b\u6a02\u4e2d\u5fc3\u70ba\u76ee\u6a19\uff0c\u529b\u6c42\u589e\u52a0\u80fd\u5438\u5f15\u904a\u5ba2\u7684\u65c5\u904a\u7522\u54c1\u4f9b\u61c9\uff0c\u5438\u5f15\u66f4\u591a\u4f86\u6fb3\u5a1b\u6a02\u6d88\u9063\u7684\u904a\u5ba2\uff0c\u4e26\u589e\u52a0\u5c6c\u8209\u5bb6\u65c5\u904a\u7684\u904a\u5ba2\u6578\u76ee\uff0c\u4ee5\u53ca\u6574\u9ad4\u4e0a\u6539\u5584\u6fb3\u9580\u4f5c\u70ba\u4e00\u500b\u65c5\u904a\u76ee\u7684\u5730\u7684\u5f62\u8c61\u3002\u201d\n\n\n\n\u53e6\u4e00\u65b9\u9762\uff0c\u7acb\u6cd5\u8005\u65bc2001\u5e74\u7d42\u6b62\u4e86\u76f4\u81f3\u7576\u6642\u6fb3\u9580\u65c5\u904a\u5a1b\u6a02\u80a1\u4efd\u6709\u9650\u516c\u53f8\uff08\u6fb3\u5a1b\uff09\u6309\u5c08\u71df\u5408\u540c\u5fc5\u9808\u5c65\u884c\u7684\u5be6\u7269\u7fa9\u52d9\uff08\u4f46\u758f\u6fec\u53ca\u5176\u4ed6\u5fc5\u9700\u7684\u6d77\u4e0a\u5de5\u4f5c\u7684\u7fa9\u52d9\u9664\u5916\uff09\uff0c\u6539\u70ba\u898f\u5b9a\u627f\u6279\u516c\u53f8\u9808\u64a5\u51fa\u535a\u5f69\u7d93\u71df\u6bdb\u6536\u5165\u76842.4%\uff08\u6fb3\u535a\u5247\u70ba1.4%\uff0c\u56e0\u6fb3\u5a1b\u63d0\u4f9b\u758f\u6fec\u53ca\u5176\u4ed6\u5fc5\u9700\u7684\u6d77\u4e0a\u5de5\u4f5c\uff09\uff0c\u7528\u4ee5\u767c\u5c55\u57ce\u5e02\u5efa\u8a2d\u3001\u63a8\u5ee3\u65c5\u904a\u548c\u63d0\u4f9b\u793e\u6703\u4fdd\u969c\u3002\n\n\n\n\u6fb3\u9580\u653f\u5e9c\u5e0c\u671b\u5728\u5c07\u6fb3\u9580\u5efa\u8a2d\u6210\u201c\u4e16\u754c\u65c5\u904a\u4f11\u9592\u4e2d\u5fc3\u201d\u7684\u904e\u7a0b\u4e2d\u7576\u4e3b\u89d2\uff0c\u904b\u7528\u5411\u5a1b\u6a02\u5834\u71df\u904b\u5546\u5fb5\u6536\u9ad8\u7a05\u6536\u6240\u5f97\u6536\u5165\uff0c\u638c\u63a7\u9019\u9805\u5922\u5bd0\u4ee5\u6c42\u7684\u5efa\u8a2d\u3002\n\n\n\n\u7136\u800c\uff0c\u57fa\u65bc\u4e0d\u540c\u539f\u56e0\uff0c\u904e\u53bb\u4e8c\u5341\u5e74\u9593\u7684\u6b77\u5c46\u6fb3\u9580\u653f\u5e9c\uff0c\u5728\u5236\u5b9a\u76f8\u61c9\u8209\u63aa\u4ee5\u5efa\u8a2d\u4e16\u754c\u65c5\u904a\u4f11\u9592\uff08\u771f\u6b63\u610f\u7fa9\u7684\uff09\u4e2d\u5fc3\u65b9\u9762\uff0c\u5747\u8868\u73fe\u51fa\u7570\u5e38\u7684\u7121\u80fd\uff08\u5c24\u5176\u8003\u616e\u5230\u6240\u5fb5\u6536\u5165\uff09\u3002\u4ee5\u90e8\u5206\u5df2\u7d93\u4ed8\u8af8\u5be6\u8e10\u7684\u8209\u63aa\u70ba\u4f8b\uff0c\u6709\uff08\u8ca7\u4e4f\u4e0d\u582a\u7684\uff09\u7f8e\u98df\u7bc0\uff0c\u53c8\u6216\uff08\u7b46\u58a8\u96e3\u4ee5\u5f62\u5bb9\u7684\uff09\u6fb3\u9580\u65c5\u904a\u5409\u7965\u7269\uff08\u5177\u4ee3\u8868\u6027\u7684\u53ef\u898b\u5f62\u8c61\uff09\u9ea5\u9ea5\u3002\n\n\n\n\u7121\u7591\u662f\u9019\u7a2e\u7121\u80fd\u5c0e\u81f4\u653f\u5e9c\u73fe\u5728\u6c7a\u5b9a\u672a\u4f86\u7684\u5a1b\u6a02\u5834\u71df\u904b\u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"date_published": "September 17, 2022", "date_modified": "November 11, 2022 - 14:34", "author": { "name": "Ant\u00f3nio Lobo Vilela", "url": "https://www.macaubusiness.com/author/avilela/", "avatar": "https://secure.gravatar.com/avatar/d2a8ffae8f0ca7337aa634d77eb3ce86?s=512&d=mm&r=g" }, "image": "https://hogo.sgp1.digitaloceanspaces.com/macaubusiness/wp-content/uploads/2022/08/CKK_5228.jpg", "tags": [ "Business Intelligence", "MAG", "MB", "MB Featured", "Opinion" ], "summary": "\u662f\u6b21\u4fee\u6539\u6fb3\u9580\u300a\u535a\u5f69\u6cd5\u300b\u522a\u9664\u4e86\u8207\u5a1b\u6a02\u5834\u71df\u904b\u5546\u6240\u71df\u4e8b\u696d\u6709\u95dc\u7684\u539f\u5247\uff0c\u6839\u64da\u8a72\u539f\u5247\uff0c\u5a1b\u6a02\u5834\u71df\u904b\u5546\u7684\u6240\u71df\u4e8b\u696d\u50c5\u70ba\u201c\u7d93\u71df\u5a1b\u6a02\u5834\u5e78\u904b\u535a\u5f69\u6216\u5176\u4ed6\u65b9\u5f0f\u7684\u535a\u5f69\u201d\u3002\u96a8\u8457\u6cd5\u5f8b\u7684\u4fee\u6539\uff0c\u672a\u4f86\u7684\u5a1b\u6a02\u5834\u71df\u904b\u5546\u7684\u6240\u71df\u4e8b\u696d\u5fc5\u9808\u5305\u62ec\u4f46\u4e0d\u50c5\u9650\u65bc\u201c\u7d93\u71df\u5a1b\u6a02\u5834\u5e78\u904b\u535a\u5f69\u201d\u3002" }, { "id": "https://www.macaubusiness.com/opinion-let-george-do-it/", "url": "https://www.macaubusiness.com/opinion-let-george-do-it/", "title": "OPINION \u2013 Let George do it!", "content_html": "![\"\"](\"https://hogo.sgp1.digitaloceanspaces.com/macaubusiness/wp-content/uploads/2022/08/CKK_5222-150x150.jpg\")
\nAnt\u00f3nio Lobo Vilela is a lawyer based in Macau and the author of the Macau Gaming Law Book
\n\n\n\n\n\n\n\nThe amendment to the Macau Gaming Law eliminated the principle of the exclusive business purpose, according to which the business purpose of casino operators must be exclusively the “operation of games of chance or other casino games.” With the amendment, the business purpose of future casino operators must necessarily, but not exclusively, include the “operation of casino games of chance.”
\n\n\n\nWhen the Gaming Law was enacted in 2001, the legislator understood that casino operators should be exclusively dedicated to the operation of casino games of chance, an activity they know well and for which they are exceptionally skilled and apt to thrive.
\n\n\n\nIt was also provided that a casino operator\u2019s business scope could include correlated activities to the operation of casino games of chance upon authorization from the Macau government. I.e., activities interdependent with the operation of casino games of chance, as well as activities that are supplemental to such operation and that may achieve the goals of the Gaming Law related to ensuring the promotion of tourism and, to a certain extent, the economic development in the Macau SAR, including hotel, retail, food, and beverage, MICE, entertainment, etc. As stated in the Substantiated Report that formed the basis for the award of the casino gaming concessions in 2002, “the vast majority of awarding proposals submitted by bidders have the assumed goal of transforming Macau into a regional hub of high-quality entertainment and tourism, increasing the supply of enticing products for visitors, attracting a higher number of leisure visitors, bringing more tourists traveling as families and generally improving Macau\u2019s image as a tourist destination.”
\n\n\n\nOn the other hand, the 2001 legislator ended the in-kind obligations binding on STDM under the exclusive concession contract (exception made to dredging and other works of a maritime nature), aggregating them into the contribution to urban development, the promotion of tourism, and social security, set at 2.4% of the gross revenue from gaming exploitation (1.4% for SJM, due to the dredging and other works of a maritime nature at the time provided by STDM).
\n\n\n\nThe Macau government wanted to be the leading player in the transformation of Macau into what was later called a \u201cworld centre of tourism and leisure,\u201d using the revenue derived from the high tax burden imposed on the casino operators to take the reins of this desired project.
\n\n\n\nHowever, for different reasons, the successive Macau governments of the last 20 years have shown an unusual inability (especially considering the amount of revenue collected) to design initiatives to build Macau as a world centre (in the true sense of the word) of tourism and leisure. For example, among some of the initiatives that have been put into practice are the (pitiful) Gastronomy Festival and Mak Mak, the (indescribable) mascot (and visible face of an image that is supposed to be credible) of Macau’s tourism.
\n\n\n\nUndoubtedly, this inability presided over the decision to now impose a whole new ball game on future casino operators.
\n\n\n\nThe public tender program, written in this part by the unworldly, requires future casino operators to have an impressive array of non-gaming obligations, which presuppose that they have a finger in every pie. Most of these obligations make no sense in a tender for the award of casino gaming concessions, especially when the concessions are to be granted for a maximum term of 10 years. Some are true public tasks that the Macau government must perform. Others require experience or specific knowledge that the gaming operators do not have, nor do they have any vocation to fulfil or develop. Moreover, they are unreasonable at a zero-economy stage, where expectations about the development of the gaming industry are low if we look at the (shallow) annual minimum gross revenue limits for gaming tables and machines set by the Chief Executive a few days ago. Nor do they make sense, especially for the number of projects required. Here is a case where the Macau government should not think big but wise.
\n\n\n\nWhat is the standard for \u201cgastronomic festivals\u201d? Chefs with Michelin stars interpreting Macanese cuisine in tents set up in front of the Macau Tower? And for \u201cthematic museums\u201d? The newly opened MOP3.6 billion Hong Kong Palace Museum? What \u201cmaritime sports competitions\u201d are expected when Macau lacks the basic infrastructure to support them?
\n\n\n\nThe Macau government seems to be sailing aimlessly in this matter. As one would expect, it does not have an articulated plan drawn up in a careful, diligent, structured, and long-term vision for the transformation of Macau into a world centre of tourism and leisure. It opted to go straight for the jugular of the casino operators, transferring to them, like it or not, the responsibility for this transformation. It will be kept hostage by the awarding proposals that will be presented, which, necessarily, will partially overlap each other, becoming a patchwork of initiatives without interconnection, not even with the initiatives provided for in the (2017-2032) Macau Tourism Industry Development Master Plan of the Macau Government Tourism Office, which, by the way, took more than two years to be drafted. Moreover, it has gone down the path of imposition instead of teaming up, trying to reconcile the interests of all interested parties, indeed all hot to trot.
\n\n\n\nIt is up to the Macau government \u2013 not the gaming operators \u2013 to set the house in order, creating the necessary conditions to transform Macau into a modern and dynamic city with the infrastructure needed to compete regionally with other tourism and leisure centres.
\n\n\n\nLet’s touch wood and hope for the best. If for no other reason, to avoid further shaking the (already somewhat clouded) image and the (tiny) credibility that Macau, as a gaming jurisdiction, has earned since the beginning of this process. Time will tell!
\n", "content_text": "Ant\u00f3nio Lobo Vilela is a lawyer based in Macau and the author of the Macau Gaming Law Book\n\n\n\n(www.macaugaminglaw.com)\n\n\n\n\n\n\n\nThe amendment to the Macau Gaming Law eliminated the principle of the exclusive business purpose, according to which the business purpose of casino operators must be exclusively the “operation of games of chance or other casino games.” With the amendment, the business purpose of future casino operators must necessarily, but not exclusively, include the “operation of casino games of chance.”\n\n\n\nWhen the Gaming Law was enacted in 2001, the legislator understood that casino operators should be exclusively dedicated to the operation of casino games of chance, an activity they know well and for which they are exceptionally skilled and apt to thrive.\n\n\n\nIt was also provided that a casino operator\u2019s business scope could include correlated activities to the operation of casino games of chance upon authorization from the Macau government. I.e., activities interdependent with the operation of casino games of chance, as well as activities that are supplemental to such operation and that may achieve the goals of the Gaming Law related to ensuring the promotion of tourism and, to a certain extent, the economic development in the Macau SAR, including hotel, retail, food, and beverage, MICE, entertainment, etc. As stated in the Substantiated Report that formed the basis for the award of the casino gaming concessions in 2002, “the vast majority of awarding proposals submitted by bidders have the assumed goal of transforming Macau into a regional hub of high-quality entertainment and tourism, increasing the supply of enticing products for visitors, attracting a higher number of leisure visitors, bringing more tourists traveling as families and generally improving Macau\u2019s image as a tourist destination.”\n\n\n\nOn the other hand, the 2001 legislator ended the in-kind obligations binding on STDM under the exclusive concession contract (exception made to dredging and other works of a maritime nature), aggregating them into the contribution to urban development, the promotion of tourism, and social security, set at 2.4% of the gross revenue from gaming exploitation (1.4% for SJM, due to the dredging and other works of a maritime nature at the time provided by STDM). \n\n\n\nThe Macau government wanted to be the leading player in the transformation of Macau into what was later called a \u201cworld centre of tourism and leisure,\u201d using the revenue derived from the high tax burden imposed on the casino operators to take the reins of this desired project.\n\n\n\nHowever, for different reasons, the successive Macau governments of the last 20 years have shown an unusual inability (especially considering the amount of revenue collected) to design initiatives to build Macau as a world centre (in the true sense of the word) of tourism and leisure. For example, among some of the initiatives that have been put into practice are the (pitiful) Gastronomy Festival and Mak Mak, the (indescribable) mascot (and visible face of an image that is supposed to be credible) of Macau’s tourism. \n\n\n\nUndoubtedly, this inability presided over the decision to now impose a whole new ball game on future casino operators. \n\n\n\nThe public tender program, written in this part by the unworldly, requires future casino operators to have an impressive array of non-gaming obligations, which presuppose that they have a finger in every pie. Most of these obligations make no sense in a tender for the award of casino gaming concessions, especially when the concessions are to be granted for a maximum term of 10 years. Some are true public tasks that the Macau government must perform. Others require experience or specific knowledge that the gaming operators do not have, nor do they have any vocation to fulfil or develop. Moreover, they are unreasonable at a zero-economy stage, where expectations about the development of the gaming industry are low if we look at the (shallow) annual minimum gross revenue limits for gaming tables and machines set by the Chief Executive a few days ago. Nor do they make sense, especially for the number of projects required. Here is a case where the Macau government should not think big but wise.\n\n\n\n\n\n\n\nWhat is the standard for \u201cgastronomic festivals\u201d? Chefs with Michelin stars interpreting Macanese cuisine in tents set up in front of the Macau Tower? And for \u201cthematic museums\u201d? The newly opened MOP3.6 billion Hong Kong Palace Museum? What \u201cmaritime sports competitions\u201d are expected when Macau lacks the basic infrastructure to support them?\n\n\n\nThe Macau government seems to be sailing aimlessly in this matter. As one would expect, it does not have an articulated plan drawn up in a careful, diligent, structured, and long-term vision for the transformation of Macau into a world centre of tourism and leisure. It opted to go straight for the jugular of the casino operators, transferring to them, like it or not, the responsibility for this transformation. It will be kept hostage by the awarding proposals that will be presented, which, necessarily, will partially overlap each other, becoming a patchwork of initiatives without interconnection, not even with the initiatives provided for in the (2017-2032) Macau Tourism Industry Development Master Plan of the Macau Government Tourism Office, which, by the way, took more than two years to be drafted. Moreover, it has gone down the path of imposition instead of teaming up, trying to reconcile the interests of all interested parties, indeed all hot to trot.\n\n\n\nIt is up to the Macau government \u2013 not the gaming operators \u2013 to set the house in order, creating the necessary conditions to transform Macau into a modern and dynamic city with the infrastructure needed to compete regionally with other tourism and leisure centres. \n\n\n\nLet’s touch wood and hope for the best. If for no other reason, to avoid further shaking the (already somewhat clouded) image and the (tiny) credibility that Macau, as a gaming jurisdiction, has earned since the beginning of this process. Time will tell!", "date_published": "September 07, 2022", "date_modified": "September 07, 2022 - 13:47", "author": { "name": "Ant\u00f3nio Lobo Vilela", "url": "https://www.macaubusiness.com/author/avilela/", "avatar": "https://secure.gravatar.com/avatar/d2a8ffae8f0ca7337aa634d77eb3ce86?s=512&d=mm&r=g" }, "image": "https://hogo.sgp1.digitaloceanspaces.com/macaubusiness/wp-content/uploads/2022/08/CKK_5222.jpg", "tags": [ "Macau", "Macau Business", "MAG", "MB", "MB Featured", "Opinion" ], "summary": "The amendment to the Macau Gaming Law eliminated the principle of exclusive business purpose, according to which the business purpose of casino operators must be exclusively the \"operation of games of chance or other casino games.\" With the amendment, the business purpose of future casino operators must necessarily, but not exclusively, include the \"operation of casino games of chance.\"" }, { "id": "https://www.macaubusiness.com/%e3%80%90%e6%99%82%e4%ba%8b%e8%a9%95%e8%ab%96%e3%80%91%e5%8d%9a%e5%bd%a9%e4%b8%ad%e4%bb%8b%e4%ba%ba%ef%bc%8c%e5%8f%a6%e4%b8%80%e5%ae%97%e5%a1%94%e6%b2%83%e6%8b%89%e5%ae%b6%e6%97%8f%e4%ba%8b%e4%bb%b6/", "url": "https://www.macaubusiness.com/%e3%80%90%e6%99%82%e4%ba%8b%e8%a9%95%e8%ab%96%e3%80%91%e5%8d%9a%e5%bd%a9%e4%b8%ad%e4%bb%8b%e4%ba%ba%ef%bc%8c%e5%8f%a6%e4%b8%80%e5%ae%97%e5%a1%94%e6%b2%83%e6%8b%89%e5%ae%b6%e6%97%8f%e4%ba%8b%e4%bb%b6/", "title": "\u3010\u6642\u4e8b\u8a55\u8ad6\u3011\u535a\u5f69\u4e2d\u4ecb\u4eba\uff0c\u53e6\u4e00\u5b97\u5854\u6c83\u62c9\u5bb6\u65cf\u4e8b\u4ef6", "content_html": "![\"\"](\"https://mbusiness.sgp1.digitaloceanspaces.com/2019/07/02_NagaWorld-Suncity-VIP-Club-150x150.jpg\")
\n\u6e29\u4ee4\u97dc
\n\n\n\n\u6e29\u4ee4\u97dc\uff08Ant\u00f3nio Lobo Vilela\uff09\uff0c\u6fb3\u9580\u5927\u5f8b\u5e2b\uff0c
\n\n\n\n\u300aMacau Gaming Law Book\uff08\u6fb3\u9580\u535a\u5f69\u6cd5\uff09\u300b\u4f5c\u8005(www.macaugaminglaw.com)\n\n
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\n\n\n\n\u8d77\u8a34\u66f8\u4e2d\u6700\u5f15\u4eba\u6ce8\u76ee\u7684\u5167\u5bb9\u662f\u6fb3\u9580\u7576\u5c40\u201c\u767c\u73fe\u201d\u6709\u4eba\u6d89\u5acc\u9032\u884c\u201c\u8ced\u67b1\u5e95\u201d\u6d3b\u52d5\uff0c\u9019\u5f9e\u5176\u6240\u5360\u7bc7\u5e45\u4e4b\u9577\uff08\u5360\u4e86\u8d77\u8a34\u66f8859\u500b\u689d\u76ee\u4e2d\u7684575\u689d\uff09\u53ef\u898b\u4e00\u6591\u3002\u9019\u201c\u767c\u73fe\u201d\u53ef\u6f14\u7e79\u70ba\u6fb3\u9580\u7576\u5c40\u660e\u986f\u7f3a\u4e4f\u76e3\u7763\uff08\u80fd\u529b\uff09\uff0c\u800c\u5728\u67d0\u7a0b\u5ea6\u4e0a\uff0c\u592a\u967d\u57ce\u96c6\u5718\u65d7\u4e0b\u8cb4\u8cd3\u5ef3\u6240\u8655\u7684\u535a\u5f69\u904b\u71df\u5546\u4ea6\u7136\u3002
\n\n\n\n\u5148\u4e0d\u8ac7\u904e\u53bb15\u5e74\u6240\u9032\u884c\u7684\u9069\u7576\u8cc7\u683c\u5be9\u67e5\u7a0b\u5e8f\uff0c\u5c31\u9023\u535a\u5f69\u76e3\u5bdf\u5354\u8abf\u5c40\u81ea2016\u5e742\u6708\u8d77\u958b\u5c55\u7684\u5167\u90e8\u5be9\u8a08\u3001\u5be6\u5730\u9032\u884c\u7684\u8a55\u4f30\u5de5\u4f5c\uff0c\u53c8\u6216\u900f\u904e2015\u5e7410\u6708\u7684\u6307\u4ee4\u5c0d\u535a\u5f69\u4e2d\u4ecb\u4eba\u5be6\u65bd\u7684\u6703\u8a08\u6e96\u5247\uff0c\u90fd\u5f9e\u4f86\u672a\u80fd\u767c\u73fe\u592a\u967d\u57ce\u96c6\u5718\u88ab\u6307\u50c5\u57282014\u5e74\u81f32021\u5e743\u6708\u671f\u9593\u5df2\u9032\u884c\u768462,588\u6b21\u201c\u8ced\u67b1\u5e95\u201d\u6d3b\u52d5\u7684\u4efb\u4f55\u4e00\u6b21\u3002\u751a\u81f3\u6578\u4ee5\u767e\u8a0824\u5c0f\u6642\u99d0\u5b88\u5a1b\u6a02\u5834\u7684\u7763\u5bdf\u4e5f\u201c\u770b\u4e0d\u5230\u201d\u4efb\u4f55\u201c\u8ced\u67b1\u5e95\u201d\u6d3b\u52d5\u3002
\n\n\n\n![\"\"](\"https://hogo.sgp1.digitaloceanspaces.com/macaubusiness/wp-content/uploads/2022/07/casino-gaming-macau-gambling-chips-cards-1028x678.png\")
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\n\n\n\n2016\u5e74\u7684\u300a\u4e2d\u671f\u6aa2\u8a0e\u5831\u544a\u300b\u4ea6\u6307\u51fa\u8a72\u554f\u984c\uff0c\u7a31\u201c\u8ced\u67b1\u5e95\u201d\u662f\u201c\u5e38\u898b\u7684\u5229\u7528\u5408\u6cd5\u5546\u696d\u535a\u5f69\u9032\u884c\u975e\u6cd5\u535a\u5f69\u6d3b\u52d5\u7684\u65b9\u5f0f\u201d\u3002
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\n\n\n\n*\u5854\u6c83\u62c9\u5bb6\u65cf\u4e8b\u4ef6\u662f18\u4e16\u7d00\u8461\u8404\u7259\u5bae\u5ef7\u7684\u653f\u6cbb\u919c\u805e\u30021758\u5e74\uff0c\u8461\u8404\u7259\u570b\u738b\u82e5\u6fa4\u4e00\u4e16\u906d\u6697\u6bba\u672a\u9042\uff0c\u5f15\u767c\u7684\u4e00\u7cfb\u5217\u4e8b\u4ef6\u4ee51759\u5e74\u6574\u500b\u5854\u6c83\u62c9\u5bb6\u65cf\u53ca\u5176\u8fd1\u89aa\u88ab\u516c\u958b\u8655\u6c7a\u800c\u544a\u7d42\u3002\u4e00\u4e9b\u6b77\u53f2\u5b78\u5bb6\u89e3\u91cb\uff0c\u9019\u4e00\u4e8b\u4ef6\u662f\u8461\u8404\u7259\u738b\u570b\u5167\u653f\u570b\u52d9\u5927\u81e3\u585e\u5df4\u65af\u8482\u5b89\u00b7\u5fb7\u00b7\u6885\u6d1b\uff0c\u4e5f\u5c31\u662f\u5f8c\u4f86\u7684\u84ec\u5df4\u723e\u4faf\u7235\u8a66\u5716\u904f\u5236\u820a\u8cb4\u65cf\u5bb6\u65cf\u4e0d\u65b7\u589e\u9577\u7684\u6b0a\u529b\u3002\uff08\u7dad\u57fa\u767e\u79d1\uff09
![\"\"](\"https://hogo.sgp1.digitaloceanspaces.com/macaubusiness/wp-content/uploads/2022/07/casino-gaming-macau-gambling-chips-cards-150x150.png\")
\nAnt\u00f3nio Lobo Vilela
\n\n\n\nAnt\u00f3nio Lobo Vilela is a lawyer based in Macau and the author of the Macau Gaming Law Book
\n\n\n\n\n\n\n\nThe (official) indictment against Suncity’s CEO, Alvin Chau Cheok Wa (and twenty other Suncity middle and senior management) for allegedly committing various crimes, ranging from criminal association to illicit gambling, fraud, and money laundering, is now known.
\n\n\n\nThe trial is scheduled to begin on September 2 if the “dynamic zero” (or, at the time, perhaps the “modified zero” or the “zero that is not zero”) allows it.
\n\n\n\nThe case, which was born crooked (Macau police authorities arrested Alvin Chau on a Sunday, immediately after it was made public that the Wenzhou city authorities had issued a warrant for his arrest, allegedly for cross-border gambling activities), threatens to turn into a T\u00e1voras Affair(*) with the \u2018execution\u2019, this time public, of the gaming promoters as we know them. The trend seems clear if we pay particular attention to the content of the new draft regime that will discipline the gaming promotion activity and the gaming promoters. The government decided to play the devil, tearing the gaming promoters to ribbons.
\n\n\n\nIt stands out from the indictment, namely due to its length (575 articles from a total of 859 indictment articles), the “discovery” by the Macau authorities of alleged side-betting activity, which (no less) translates into an apparent lack (of capacity) of supervision by the Macau authorities and, to a certain extent, by the gaming operators where Suncity’s VIP rooms were located.
\n\n\n\nNot to mention the suitability verification processes completed over the past 15 years, never have the internal audits that the Gaming Inspection and Coordination Bureau (DICJ) has been launching since February 2016, nor the on-site evaluations conducted or the standards for accounting it has imposed on gaming promoters by an October 2015 instruction managed to detect any of the 62.588 times that Suncity alone, from 2014 until March 2021, allegedly practiced side-betting.
\n\n\n\n![\"\"](\"https://mbusiness.sgp1.digitaloceanspaces.com/2019/07/02_NagaWorld-Suncity-VIP-Club.jpg\")
It should be noted that the Macau government mandatorily checks the suitability of gaming promoters every three years or every six years depending on whether the gaming promoter is an individual or a commercial company. In addition, the internal audits DICJ has been launching since early 2016 were aimed at “facilitating a more comprehensive evaluation of the operational situation of these professionals and their compliance with the legal rules,” as stated in the Government Public Policy Address for 2016, and to “serve as a reference, among other things, for the procedure of renewing gaming promotion licenses,” according to the news at the time.
\n\n\n\nNot even the hundreds of gaming inspectors stationed 24-hours at the casinos “saw” any side-betting activity.
\n\n\n\nThe scale of the alleged side-betting is so large \u2013 HKD 823.7 billion (USD 102.6 billion) converted into gambling chips that generated an illicit profit of HKD 21.5 billion (USD 2.74 billion) \u2013 that the DICJ estimates HKD 8.26 billion (USD 1.05 billion) did not enter the public coffers as the special gaming tax. And the indictment only deals with events that occurred after 2013 and until March 2021 and only refers to one \u2013 albeit the biggest \u2013 gaming promoter.
\n\n\n\nSide-betting is not new in Macau. Already in October 2008, an article by Lee U-wen published in The Business Times referred to it as a rampant practice in Macau “often carried out right under the nose of the casinos,” stating that “[i]ndustry estimates have suggested that side-betting (…) has cost Macau casinos over HK$100 billion [USD 12.74 billion] (…) in winnings and HK$ 40 billion [USD 5.09 billion] in tax revenue over the past five years [2004-2008].”
\n\n\n\nThe issue is also touched upon in the 2016 Mid-term Review Report, stating that side-betting is the “most frequent mode of illicit gambling at an authorized venue.”
\n\n\n\nSide-betting is an agreement between the gaming promoter and a player governing the bet amount. The parties agree that the amount of the chips played is to be multiplied by a certain number or that bets are placed in a different currency than the chips played. It was born of a practical necessity, linked to the gaming promoter’s credit limits, the problems associated with debt collection in Mainland China (a jurisdiction where one cannot lawfully collect a gaming debt), and the fact that Macau does not allow any offset of uncollectible gaming debts. Side-betting evolved and became more and more sophisticated over time (indeed) for its profits.
\n\n\n\nAccording to the indictment, the alleged loss to casino operators amounts to HKD 2.28 billion (USD 290 million). Given the nature of the special gaming tax, it remains to be seen whether, once side-betting and the resulting loss to the Macau SAR are proven, casino operators will not be called upon to pay the special gaming tax due for under-the-table gambling activities because they are the ones responsible for its payment and of the joint and several liabilities to the government for the activities carried out in casinos by gaming promoters. In cold blood!
\n\n\n\n(*) The T\u00e1voras Affair was a political scandal in the 18th-century Portuguese court. The events triggered by the alleged assassination attempt of King Joseph of Portugal in 1758 ended with the public execution of the entire T\u00e1vora family and its closest relatives in 1759. Some historians interpret the incident as an attempt by then prime minister Sebasti\u00e3o de Melo (later Marquis of Pombal) to curb the growing power of old aristocratic families (Wikipedia).
\n\n\n\n\n", "content_text": "Ant\u00f3nio Lobo Vilela\n\n\n\nAnt\u00f3nio Lobo Vilela is a lawyer based in Macau and the author of the Macau Gaming Law Book\n\n\n\n(www.macaugaminglaw.com)\n\n\n\n\n\n\n\nThe (official) indictment against Suncity’s CEO, Alvin Chau Cheok Wa (and twenty other Suncity middle and senior management) for allegedly committing various crimes, ranging from criminal association to illicit gambling, fraud, and money laundering, is now known.\n\n\n\nThe trial is scheduled to begin on September 2 if the “dynamic zero” (or, at the time, perhaps the “modified zero” or the “zero that is not zero”) allows it.\n\n\n\nThe case, which was born crooked (Macau police authorities arrested Alvin Chau on a Sunday, immediately after it was made public that the Wenzhou city authorities had issued a warrant for his arrest, allegedly for cross-border gambling activities), threatens to turn into a T\u00e1voras Affair(*) with the \u2018execution\u2019, this time public, of the gaming promoters as we know them. The trend seems clear if we pay particular attention to the content of the new draft regime that will discipline the gaming promotion activity and the gaming promoters. The government decided to play the devil, tearing the gaming promoters to ribbons.\n\n\n\nIt stands out from the indictment, namely due to its length (575 articles from a total of 859 indictment articles), the “discovery” by the Macau authorities of alleged side-betting activity, which (no less) translates into an apparent lack (of capacity) of supervision by the Macau authorities and, to a certain extent, by the gaming operators where Suncity’s VIP rooms were located. \n\n\n\nNot to mention the suitability verification processes completed over the past 15 years, never have the internal audits that the Gaming Inspection and Coordination Bureau (DICJ) has been launching since February 2016, nor the on-site evaluations conducted or the standards for accounting it has imposed on gaming promoters by an October 2015 instruction managed to detect any of the 62.588 times that Suncity alone, from 2014 until March 2021, allegedly practiced side-betting.\n\n\n\n\n\n\n\nIt should be noted that the Macau government mandatorily checks the suitability of gaming promoters every three years or every six years depending on whether the gaming promoter is an individual or a commercial company. In addition, the internal audits DICJ has been launching since early 2016 were aimed at “facilitating a more comprehensive evaluation of the operational situation of these professionals and their compliance with the legal rules,” as stated in the Government Public Policy Address for 2016, and to “serve as a reference, among other things, for the procedure of renewing gaming promotion licenses,” according to the news at the time.\n\n\n\nNot even the hundreds of gaming inspectors stationed 24-hours at the casinos “saw” any side-betting activity.\n\n\n\nThe scale of the alleged side-betting is so large \u2013 HKD 823.7 billion (USD 102.6 billion) converted into gambling chips that generated an illicit profit of HKD 21.5 billion (USD 2.74 billion) \u2013 that the DICJ estimates HKD 8.26 billion (USD 1.05 billion) did not enter the public coffers as the special gaming tax. And the indictment only deals with events that occurred after 2013 and until March 2021 and only refers to one \u2013 albeit the biggest \u2013 gaming promoter.\n\n\n\nSide-betting is not new in Macau. Already in October 2008, an article by Lee U-wen published in The Business Times referred to it as a rampant practice in Macau “often carried out right under the nose of the casinos,” stating that “[i]ndustry estimates have suggested that side-betting (…) has cost Macau casinos over HK$100 billion [USD 12.74 billion] (…) in winnings and HK$ 40 billion [USD 5.09 billion] in tax revenue over the past five years [2004-2008].” \n\n\n\nThe issue is also touched upon in the 2016 Mid-term Review Report, stating that side-betting is the “most frequent mode of illicit gambling at an authorized venue.”\n\n\n\nSide-betting is an agreement between the gaming promoter and a player governing the bet amount. The parties agree that the amount of the chips played is to be multiplied by a certain number or that bets are placed in a different currency than the chips played. It was born of a practical necessity, linked to the gaming promoter’s credit limits, the problems associated with debt collection in Mainland China (a jurisdiction where one cannot lawfully collect a gaming debt), and the fact that Macau does not allow any offset of uncollectible gaming debts. Side-betting evolved and became more and more sophisticated over time (indeed) for its profits.\n\n\n\nAccording to the indictment, the alleged loss to casino operators amounts to HKD 2.28 billion (USD 290 million). Given the nature of the special gaming tax, it remains to be seen whether, once side-betting and the resulting loss to the Macau SAR are proven, casino operators will not be called upon to pay the special gaming tax due for under-the-table gambling activities because they are the ones responsible for its payment and of the joint and several liabilities to the government for the activities carried out in casinos by gaming promoters. In cold blood!\n\n\n\n(*) The T\u00e1voras Affair was a political scandal in the 18th-century Portuguese court. The events triggered by the alleged assassination attempt of King Joseph of Portugal in 1758 ended with the public execution of the entire T\u00e1vora family and its closest relatives in 1759. Some historians interpret the incident as an attempt by then prime minister Sebasti\u00e3o de Melo (later Marquis of Pombal) to curb the growing power of old aristocratic families (Wikipedia).", "date_published": "August 08, 2022", "date_modified": "August 09, 2022 - 13:14", "author": { "name": "Ant\u00f3nio Lobo Vilela", "url": "https://www.macaubusiness.com/author/avilela/", "avatar": "https://secure.gravatar.com/avatar/d2a8ffae8f0ca7337aa634d77eb3ce86?s=512&d=mm&r=g" }, "image": "https://hogo.sgp1.digitaloceanspaces.com/macaubusiness/wp-content/uploads/2022/07/casino-gaming-macau-gambling-chips-cards.png", "tags": [ "Macau", "Macau Business", "MAG", "MB", "MB Featured", "Opinion" ], "summary": "The (official) indictment against Suncity's CEO, Alvin Chau Cheok Wa (and twenty other Suncity middle and senior management) for allegedly committing various crimes, ranging from criminal association to illicit gambling, fraud, and money laundering, is now known." }, { "id": "https://www.macaubusiness.com/%e3%80%90%e6%99%82%e4%ba%8b%e8%a9%95%e8%ab%96%e3%80%91%e5%8d%83%e5%88%80%e8%90%ac%e5%89%ae%e4%b9%8b%e7%97%9b/", "url": "https://www.macaubusiness.com/%e3%80%90%e6%99%82%e4%ba%8b%e8%a9%95%e8%ab%96%e3%80%91%e5%8d%83%e5%88%80%e8%90%ac%e5%89%ae%e4%b9%8b%e7%97%9b/", "title": "\u3010\u6642\u4e8b\u8a55\u8ad6\u3011\u5343\u5200\u842c\u526e\u4e4b\u75db", "content_html": "![\"\"](\"https://mbusiness.sgp1.digitaloceanspaces.com/2019/08/Screen-Shot-2019-08-05-at-5.01.42-PM-150x150.png\")
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\n\n\n\n\u5e78\u904b\u7684\u662f\uff0c\u6fb3\u9580\u7279\u5340\u653f\u5e9c\u6b64\u756a\u672a\u6709\u5c0d\u5370\u82b1\u7a05\u7684\u898f\u5b9a\u4f5c\u51fa\u8abf\u6574\u3002\u56e0\u6b64\uff0c\u4f5c\u70ba\uff08\u81f3\u4eca\u4ecd\u70ba\uff09\u6fb3\u9580\u9f8d\u982d\u7522\u696d\u7684\u7d93\u71df\u627f\u6279\u8005\u5c07\u59822002\u5e74\u4e00\u6a23\uff0c\u5728\u7c3d\u8a02\u6279\u7d66\u5408\u540c\u6642\u53ea\u9700\u652f\u4ed8\u6fb3\u9580\u5e6350\u5143\u7684\u5370\u82b1\u7a05\u2026\u2026
\n\n\n\n\u7121\u8ad6\u662f\u5426\u4e00\u5ec2\u60c5\u9858\uff0c\u5728\u6c92\u6709\u9069\u7576\u4fdd\u969c\u6a5f\u5236\u4e0b\uff0c\u6240\u6709\u8ca1\u52d9\u7fa9\u52d9\u52a0\u758a\u8d77\u4f86\u5c07\u524a\u5f31\u5a1b\u6a02\u5834\u904b\u71df\u5546\u7684\u7d93\u6fdf\u5be6\u529b\uff0c\u5728\u7d93\u6fdf\u4e0b\u884c\u7684\u5f62\u52e2\u4e0b\u65bd\u52a0\u8a72\u7b49\u7fa9\u52d9\uff0c\u5c07\u610f\u5473\u8457\u5c0d\u535a\u5f69\u696d\u7684\u51cc\u9072\u3002
\nThe amendment to the Gaming Law has finally been approved, ending a troubled process that began nine months earlier with the launch of a controversial public consultation and without prior consultation with casino operators.
\n\n\n\nAmong the changes introduced, the broadening of the range of financial obligations (fiscal and parafiscal) of future concessionaires stands out.
\n\n\n\nAlthough in a normal economic situation, they may make sense, in the current domestic (“zero-economy”) and external environment (with particular focus on the restrictions imposed by Mainland China on citizens wishing to travel for “gambling activities”), they will certainly adversely impact Macanese casino operator\u2019s lives.
\n\n\n\nThe financial obligations are, in addition to the special gaming tax, which remains at 35% of gross gaming revenue, as follows:
\n\n\n\n– “Contribution” in the amount of 2% of gross gaming revenues to a public fund (not necessarily the Macau Foundation) whose purpose is the promotion, development, or study of actions of a cultural, social, economic, educational, scientific, academic and philanthropic nature. Set in 2002 at 1.6% of gross gaming revenue, the new percentage represents an increase of 0.4% in the direct tax burden.
\n\n\n\n– “Contribution” in the amount of 3% of gross gaming revenues to urban development, tourism promotion, and social security. Set in 2002 at 2.4% of gross gaming revenues (1.4% for SJM), the new percentage represents an additional 0.6% (1.6% for SJM) in the direct tax burden.
\n\n\n\n– Minimum of 5 billion patacas of share capital and net stand during the concession term. The new minimum share capital is 25 times the share capital currently set (200 million patacas), and no distortions to commercial law rules regarding net stand exist. To understand (or not) the system\u2019s logic, the new minimum share capital is 50 times higher than that required to open a bank (100 million patacas).
\n\n\n\n– Bond as a guarantee of performance of legal and contractual obligations. Fixed in 2002 at 700 million for the first five years of the concession and 300 million for the remaining period, it is expected that the Macau government will revise the values upwards since they represent values from more than 20 years ago.
\n\n\n\n– Payment of complementary income tax on profits and dividends. Since 2002, the Macau government has granted casino operators (very) generous tax exemptions, exempting from this tax the whole profits from gaming activities. And allowed a lump sum payment in lieu of the complementary income tax on dividends distributed to shareholders. In several replies to written interpellations from the Macau Legislative Assembly members, the Macau government has always justified the tax breaks to prevent the same income from being taxed twice. Curiously, no amendment to the Gaming Law was made in this regard. Could this be understood as a paradigm shift, with the principle of normal taxation of complementary income tax now fully applicable? Is the Macau government aware that this fact pushes the final tax burden above the 50% mark?
\n\n\n\n– Remuneration due for the use of the casinos and gaming equipment and utensils, which will revert to the Macau SAR at the end of the concessions and subconcessions (as once the reversion occurs, the casinos cannot be sold by the Macau SAR). It includes, as could not be otherwise, remuneration for the use of casinos that, although legally not required to revert to the Macau SAR, were, kindly and certainly without coercion, “ceded” free of charge by the concessionaires and subconcessionaires for reversion. What criteria will be used to determine the remuneration for the use? Market price?
\n\n\n\n– Premium (as compensation for the concession award), divided into a fixed part (set in 2002 at 30 million patacas) and a variable part, according to the type of tables operated (established in 2002 at 300,000 patacas/year for each VIP table and 150,000 patacas/year for each non-VIP table) and 1,000 patacas/year for each gaming machine, with a minimum guarantee of no less than 45 million patacas/year. Using the same criteria to determine the (special) premium charged for the extension of the concessions and subconcession, the new fixed part of the premium should not be less than 95 million patacas/year. As for the variable part of the premium, we will see what awaits the concessionaires, hoping that the Macau government has done its homework and learned its lesson, realizing that it makes no sense to keep it among the criteria for the awarding of concessions, where it appears as the value to be proposed by the concessionaires.
\n\n\n\n– Special premium, corresponding to the special gaming tax due to the difference between the gross revenue generated by gaming tables and gaming machines and the minimum threshold set by the Chief Executive. It is a mystery what criteria will be selected to determine whether the gross gaming revenue of a gaming table or machine located, for example, at Casino Lisboa, should be higher/lower than that found in any other casino when the data that could serve as a reference refer to a reality that no longer exists, either because it is based on the junket operation, or before the restrictions imposed by Mainland China towards gambling.
\n\n\n\n– Investment plan, whose value was set in 2002 at a minimum of 4 billion patacas for the 20 years concessions. The investment amount for the 10-year concession period (expected to be put out to tender) should be 5 billion patacas. The Macau government has stated in the past that the requirement for the new share capital was because it wanted future concessionaires to have sufficient funds to execute the investment plan (unaware that share capital does not serve this purpose but as a general guarantee for creditors and as a means of limiting the liability of shareholders). Since new brick and mortar developments will most likely not be required, what kind of investment casino operators will be “forced” to make remains to be seen.
\n\n\n\n– Bank guarantee to ensure compliance with labor debts. Varying on the number of employees, it was set under the concession and sub-concession agreements at 3.5 billion (SJM), 2.31 billion (Venetian), 1.63 billion (Galaxy), and 1.21 billion (Wynn), and 820 million (MGM and Melco).
\n\n\n\n– Full coverage of outstanding gaming chips and joint and several liabilities of qualifying shareholders (5% or more) for the outstanding gaming chips upon the termination of the concession. It is unknown whether the Macau government has previously ordered the creation of provisions, the adoption of solvency ratios, or the application of other prudential rules on the chips in circulation. The new measure ends a casino operator\u2019s significant funding source (at almost zero cost).
\n\n\n\n– Corporate social responsibilities that concessionaires must assume. Given the legal framework, the Macau government expects the concessionaries to meet public needs that they should develop or take care of using public money.Without the determination of precise limits, this obligation can turn into a white elephant.
\n\n\n\nExcept for the exemption or reduction provided for the payment of complementary income tax and the exemption or reduction in the percentage of the contributions due, the legislator did not create \u2013 where could and should \u2013 safeguard mechanisms to be activated in economically troubled times. The rigidity of the law is not compatible with disturbed economic cycles such as the current one. It is one thing to provide safeguard mechanisms. It is quite another to use these safeguard mechanisms.
\n\n\n\nAnd the example of the “expansion of foreign country\u2019s customer markets” as a justification of the public interest required for the Chief Executive to “grant a reduction or exemption to concessionaires in the payment of contributions” does not seem to make sense. As a matter of fact, in the Opinion of the 2nd Standing Committee of the Legislative Assembly on the draft law proposal amending the Gaming Law, it seems that the intention of the Macau government is not to reduce contributions by more than 1% when it states that “when deciding on the reduction or exemption, the Chief Executive, on the assumption that he will ensure that the percentage of the current concessionaire\u2019s contributions does not fall below the current level [4%], will fully assess the benefits that the concessionaire will bring to Macau at all levels, with the reduction focusing on the revenue generated by foreign tourists with the expansion of markets”. What makes the Macau government think that the concessionaires will be interested in benefiting from the 1% reduction when, for example, for more than 20 years, they have not shown any interest in providing dredging services to benefit from 1% less in the payment of the contributions that SJM has always benefited from? How much will they need to spend to benefit from such a percentage?
\n\n\n\nWhat objective criteria could be used? Better yet, what criteria are consistent with Mainland China’s (new) policy towards gambling, reflected, among others, in the restriction of movement of citizens wishing to travel for “gambling activities” or the ‘warnings’ given to foreign countries to stop soliciting and promoting gambling to their citizens? What mechanisms will be implemented? Are we going to have air bridges with third countries? Zero-cost air travel? Tracking of players to find out which casino operator brought them if they played, and how much they spent? Do players want to be tracked? And if they play at a different casino operator, who benefits? And will the route monopolies that Air Macau only operates part of being reviewed? Will casino operators finally have a say in the development of Macau airport and Macau as a regional airport hub? What makes the Macau government think that casino operators will be more successful in the efforts it has been pushing for years to promote Macau throughout Asia through the companies representing the Macau Tourism Office, namely in India, Indonesia, Thailand, Korea, Japan, and Malaysia?
\n\n\n\nWhatever criteria are used, they will always have the enormous disadvantage (promoted by the Macau government itself) of making exactly equal concessions operating under different fiscal/parafiscal burdens, which will constitute a source of problems in the medium-long run.
\n\n\n\nFortunately, the Macau government did not change the stamp duty so that the concessionaires of the (still) most crucial industry in Macau will pay, as in 2002, only 50 patacas as stamp duty for the signing of the concession contracts\u2026
\n\n\n\nWishful thinking or not, all financial obligations without proper safeguard mechanisms make casino operators more economically vulnerable and, in the adverse economic situation in which they will be implemented, may represent death by a thousand cuts for the gaming industry.
\n", "content_text": "Ant\u00f3nio Lobo Vilela is a lawyer based in Macau and the author of the Macau Gaming Law Book (www.macaugaminglaw.com)\n\n\n\nThe amendment to the Gaming Law has finally been approved, ending a troubled process that began nine months earlier with the launch of a controversial public consultation and without prior consultation with casino operators.\n\n\n\nAmong the changes introduced, the broadening of the range of financial obligations (fiscal and parafiscal) of future concessionaires stands out.\n\n\n\nAlthough in a normal economic situation, they may make sense, in the current domestic (“zero-economy”) and external environment (with particular focus on the restrictions imposed by Mainland China on citizens wishing to travel for “gambling activities”), they will certainly adversely impact Macanese casino operator\u2019s lives.\n\n\n\nThe financial obligations are, in addition to the special gaming tax, which remains at 35% of gross gaming revenue, as follows:\n\n\n\n– “Contribution” in the amount of 2% of gross gaming revenues to a public fund (not necessarily the Macau Foundation) whose purpose is the promotion, development, or study of actions of a cultural, social, economic, educational, scientific, academic and philanthropic nature. Set in 2002 at 1.6% of gross gaming revenue, the new percentage represents an increase of 0.4% in the direct tax burden. \n\n\n\n– “Contribution” in the amount of 3% of gross gaming revenues to urban development, tourism promotion, and social security. Set in 2002 at 2.4% of gross gaming revenues (1.4% for SJM), the new percentage represents an additional 0.6% (1.6% for SJM) in the direct tax burden.\n\n\n\n– Minimum of 5 billion patacas of share capital and net stand during the concession term. The new minimum share capital is 25 times the share capital currently set (200 million patacas), and no distortions to commercial law rules regarding net stand exist. To understand (or not) the system\u2019s logic, the new minimum share capital is 50 times higher than that required to open a bank (100 million patacas).\n\n\n\n– Bond as a guarantee of performance of legal and contractual obligations. Fixed in 2002 at 700 million for the first five years of the concession and 300 million for the remaining period, it is expected that the Macau government will revise the values upwards since they represent values from more than 20 years ago.\n\n\n\n– Payment of complementary income tax on profits and dividends. Since 2002, the Macau government has granted casino operators (very) generous tax exemptions, exempting from this tax the whole profits from gaming activities. And allowed a lump sum payment in lieu of the complementary income tax on dividends distributed to shareholders. In several replies to written interpellations from the Macau Legislative Assembly members, the Macau government has always justified the tax breaks to prevent the same income from being taxed twice. Curiously, no amendment to the Gaming Law was made in this regard. Could this be understood as a paradigm shift, with the principle of normal taxation of complementary income tax now fully applicable? Is the Macau government aware that this fact pushes the final tax burden above the 50% mark?\n\n\n\n– Remuneration due for the use of the casinos and gaming equipment and utensils, which will revert to the Macau SAR at the end of the concessions and subconcessions (as once the reversion occurs, the casinos cannot be sold by the Macau SAR). It includes, as could not be otherwise, remuneration for the use of casinos that, although legally not required to revert to the Macau SAR, were, kindly and certainly without coercion, “ceded” free of charge by the concessionaires and subconcessionaires for reversion. What criteria will be used to determine the remuneration for the use? Market price?\n\n\n\n– Premium (as compensation for the concession award), divided into a fixed part (set in 2002 at 30 million patacas) and a variable part, according to the type of tables operated (established in 2002 at 300,000 patacas/year for each VIP table and 150,000 patacas/year for each non-VIP table) and 1,000 patacas/year for each gaming machine, with a minimum guarantee of no less than 45 million patacas/year. Using the same criteria to determine the (special) premium charged for the extension of the concessions and subconcession, the new fixed part of the premium should not be less than 95 million patacas/year. As for the variable part of the premium, we will see what awaits the concessionaires, hoping that the Macau government has done its homework and learned its lesson, realizing that it makes no sense to keep it among the criteria for the awarding of concessions, where it appears as the value to be proposed by the concessionaires.\n\n\n\n– Special premium, corresponding to the special gaming tax due to the difference between the gross revenue generated by gaming tables and gaming machines and the minimum threshold set by the Chief Executive. It is a mystery what criteria will be selected to determine whether the gross gaming revenue of a gaming table or machine located, for example, at Casino Lisboa, should be higher/lower than that found in any other casino when the data that could serve as a reference refer to a reality that no longer exists, either because it is based on the junket operation, or before the restrictions imposed by Mainland China towards gambling.\n\n\n\n– Investment plan, whose value was set in 2002 at a minimum of 4 billion patacas for the 20 years concessions. The investment amount for the 10-year concession period (expected to be put out to tender) should be 5 billion patacas. The Macau government has stated in the past that the requirement for the new share capital was because it wanted future concessionaires to have sufficient funds to execute the investment plan (unaware that share capital does not serve this purpose but as a general guarantee for creditors and as a means of limiting the liability of shareholders). Since new brick and mortar developments will most likely not be required, what kind of investment casino operators will be “forced” to make remains to be seen.\n\n\n\n– Bank guarantee to ensure compliance with labor debts. Varying on the number of employees, it was set under the concession and sub-concession agreements at 3.5 billion (SJM), 2.31 billion (Venetian), 1.63 billion (Galaxy), and 1.21 billion (Wynn), and 820 million (MGM and Melco).\n\n\n\n– Full coverage of outstanding gaming chips and joint and several liabilities of qualifying shareholders (5% or more) for the outstanding gaming chips upon the termination of the concession. It is unknown whether the Macau government has previously ordered the creation of provisions, the adoption of solvency ratios, or the application of other prudential rules on the chips in circulation. The new measure ends a casino operator\u2019s significant funding source (at almost zero cost).\n\n\n\n– Corporate social responsibilities that concessionaires must assume. Given the legal framework, the Macau government expects the concessionaries to meet public needs that they should develop or take care of using public money.Without the determination of precise limits, this obligation can turn into a white elephant.\n\n\n\nExcept for the exemption or reduction provided for the payment of complementary income tax and the exemption or reduction in the percentage of the contributions due, the legislator did not create \u2013 where could and should \u2013 safeguard mechanisms to be activated in economically troubled times. The rigidity of the law is not compatible with disturbed economic cycles such as the current one. It is one thing to provide safeguard mechanisms. It is quite another to use these safeguard mechanisms. \n\n\n\nAnd the example of the “expansion of foreign country\u2019s customer markets” as a justification of the public interest required for the Chief Executive to “grant a reduction or exemption to concessionaires in the payment of contributions” does not seem to make sense. As a matter of fact, in the Opinion of the 2nd Standing Committee of the Legislative Assembly on the draft law proposal amending the Gaming Law, it seems that the intention of the Macau government is not to reduce contributions by more than 1% when it states that “when deciding on the reduction or exemption, the Chief Executive, on the assumption that he will ensure that the percentage of the current concessionaire\u2019s contributions does not fall below the current level [4%], will fully assess the benefits that the concessionaire will bring to Macau at all levels, with the reduction focusing on the revenue generated by foreign tourists with the expansion of markets”. What makes the Macau government think that the concessionaires will be interested in benefiting from the 1% reduction when, for example, for more than 20 years, they have not shown any interest in providing dredging services to benefit from 1% less in the payment of the contributions that SJM has always benefited from? How much will they need to spend to benefit from such a percentage?\n\n\n\nWhat objective criteria could be used? Better yet, what criteria are consistent with Mainland China’s (new) policy towards gambling, reflected, among others, in the restriction of movement of citizens wishing to travel for “gambling activities” or the ‘warnings’ given to foreign countries to stop soliciting and promoting gambling to their citizens? What mechanisms will be implemented? Are we going to have air bridges with third countries? Zero-cost air travel? Tracking of players to find out which casino operator brought them if they played, and how much they spent? Do players want to be tracked? And if they play at a different casino operator, who benefits? And will the route monopolies that Air Macau only operates part of being reviewed? Will casino operators finally have a say in the development of Macau airport and Macau as a regional airport hub? What makes the Macau government think that casino operators will be more successful in the efforts it has been pushing for years to promote Macau throughout Asia through the companies representing the Macau Tourism Office, namely in India, Indonesia, Thailand, Korea, Japan, and Malaysia? \n\n\n\nWhatever criteria are used, they will always have the enormous disadvantage (promoted by the Macau government itself) of making exactly equal concessions operating under different fiscal/parafiscal burdens, which will constitute a source of problems in the medium-long run. \n\n\n\nFortunately, the Macau government did not change the stamp duty so that the concessionaires of the (still) most crucial industry in Macau will pay, as in 2002, only 50 patacas as stamp duty for the signing of the concession contracts\u2026\n\n\n\nWishful thinking or not, all financial obligations without proper safeguard mechanisms make casino operators more economically vulnerable and, in the adverse economic situation in which they will be implemented, may represent death by a thousand cuts for the gaming industry.", "date_published": "July 09, 2022", "date_modified": "July 18, 2022 - 13:34", "author": { "name": "Ant\u00f3nio Lobo Vilela", "url": "https://www.macaubusiness.com/author/avilela/", "avatar": "https://secure.gravatar.com/avatar/d2a8ffae8f0ca7337aa634d77eb3ce86?s=512&d=mm&r=g" }, "image": "https://hogo.sgp1.digitaloceanspaces.com/macaubusiness/wp-content/uploads/2022/07/0E238A8E-E559-4CAD-941C-B0EBD881C87A.png", "tags": [ "Macau Business", "MAG", "MAG Featured", "MB", "MB Featured", "Opinion" ], "summary": "Wishful thinking or not, all financial obligations without proper safeguard mechanisms make casino operators more economically vulnerable and, in the adverse economic situation in which they will be implemented, may represent death by a thousand cuts for the gaming industry." }, { "id": "https://www.macaubusiness.com/%e3%80%90%e6%99%82%e4%ba%8b%e8%a9%95%e8%ab%96%e3%80%91%e5%ae%8c%e5%85%a8%e6%90%9e%e9%8c%af/", "url": "https://www.macaubusiness.com/%e3%80%90%e6%99%82%e4%ba%8b%e8%a9%95%e8%ab%96%e3%80%91%e5%ae%8c%e5%85%a8%e6%90%9e%e9%8c%af/", "title": "\u3010\u6642\u4e8b\u8a55\u8ad6\u3011\u201c\u5b8c\u5168\u641e\u932f\u201d", "content_html": "![\"\"](\"https://hogo.sgp1.digitaloceanspaces.com/macaubusiness/wp-content/uploads/2022/06/306FA75A-4B01-4C3C-9BF1-B2C74534A861-150x150.png\")
\n\u6eab\u4ee4\u97dc (Ant\u00f3nio Lobo Vilela)
\n\n\n\n\u6fb3\u9580\u5f8b\u5e2b\uff0c\u300a\u6fb3\u9580\u535a\u5f69\u6cd5\u300b\u4e00\u66f8\u4f5c\u8005\u3002(www.macaugaminglaw.com)
\n\n\n\n\u7531\u65bc\u672c\u4eba\u66fe\u53c3\u8207\uff08\u73fe\u884c\uff09\u6fb3\u9580\u535a\u5f69\u6cd5\uff0c\u4ee5\u53ca\u6279\u7d66\u5408\u540c\u548c\u8f49\u6279\u7d66\u5408\u540c\u7684\u8349\u64ec\u5de5\u4f5c\uff0c\u88ab\u554f\u53ca\u95dc\u65bc\u5b58\u5728\u7531\u7b2c\u4e09\u4eba\u7d93\u71df\u7684\u5a1b\u6a02\u5834\uff08\u53c8\u7a31\u201c\u885b\u661f\u5834\u201d\uff09\u7684\u6cd5\u5f8b\u4f9d\u64da\uff0c\u4ee5\u53ca\u201c\u885b\u661f\u5834\u201d\u9700\u5426\u8acb\u6c42\u653f\u5e9c\u8a31\u53ef\u4ed6\u5011\u6c38\u4e45\u95dc\u9589\u7684\u554f\u984c\u3002
\n\n\n\n1. \u201c\u885b\u661f\u5834\u201d\u5b58\u5728\u7684\u6cd5\u5f8b\u4f9d\u64da
\n\n\n\n\u5047\u5982\u76f8\u4fe1\u201c\u885b\u661f\u5834\u201d\u591a\u5e74\u4f86\u4e00\u76f4\u5728\u6cd5\u5f8b\u5916\u7de3\u71df\u904b\uff0c\u9019\u60f3\u6cd5\u662f\u8352\u8a95\u7684\uff08\u82e5\u5e72\u201c\u885b\u661f\u5834\u201d\u81ea\u6fb3\u9580\u65c5\u904a\u5a1b\u6a02\u80a1\u4efd\u6709\u9650\u516c\u53f8\u7372\u5f97\u6279\u7d66\u8d77\u5df2\u958b\u59cb\u904b\u4f5c\u81f3\u4eca\uff0c\u90e8\u5206\u66f4\uff08\u9593\u63a5\u5730\uff09\u5728\u9999\u6e2f\u4ea4\u6613\u6240\u4e0a\u5e02\uff09\u3002\u5047\u5982\u201c\u885b\u661f\u5834\u201d\u5c6c\u975e\u6cd5\u71df\u904b\uff0c\u4f46\u6fb3\u9580\u653f\u5e9c\u53c8\u5bb9\u8a31\u4ed6\u5011\u7e7c\u7e8c\u71df\u904b\u800c\u7121\u4efb\u4f55\u5f8c\u679c\uff0c\u9019\u662f\u53ef\u7b11\u7684\u3002\u5118\u7ba1\u6709\u4e9b\u4eba\u6703\u76f8\u4fe1\u4e8b\u5be6\u5982\u6b64\uff0c\u4f46\u6fb3\u9580\u7684\u535a\u5f69\u696d\u7d55\u975e\u6d3b\u5728\u883b\u5937\u4e4b\u5730\u3002
\n\n\n\n\u559c\u6b61\u4e5f\u597d\uff0c\u4e0d\u559c\u6b61\u4e5f\u7f77\uff0c\u201c\u885b\u661f\u5834\u201d\u6b63\u5728\u4e14\u4e00\u76f4\u5408\u6cd5\u904b\u4f5c\u3002\u6fb3\u9580\u535a\u5f69\u6cd5\u7121\u9700\u660e\u6587\u63d0\u53ca\u201c\u885b\u661f\u5834\u201d\uff0c\u56e0\u70ba\uff0c\u5f9e\u6cd5\u5f8b\u672c\u8eab\u7684\u5b9a\u7fa9\u800c\u8a00\uff0c\u6cd5\u5f8b\uff08\u81f3\u4eca\u4ecd\u7136\uff09\u5c31\u662f\u5177\u6709\u4e00\u822c\u6027\u548c\u62bd\u8c61\u6027\u3002
\n\n\n\n\u6fb3\u9580\u535a\u5f69\u6cd5\u5bb9\u8a31 \u2013 \u4f5c\u70ba\u4f8b\u5916\u60c5\u6cc1 \u2013 \u7d93\u653f\u5e9c\u9810\u5148\u8a31\u53ef\uff0c\u53ef\u4ee5\u4ee5\u4efb\u4f55\u540d\u7fa9\u5c07\u5a1b\u6a02\u5834\u5e78\u904b\u535a\u5f69\u7d93\u71df\u4f5c\u8f49\u79fb\u6216\u8b93\u8207\u7b2c\u4e09\u4eba\u3002\u5118\u7ba1\u4e0a\u8ff0\u898f\u5b9a\u8f09\u65bc\u535a\u5f69\u6cd5\u7b2c\u5341\u4e03\u689d\u4e4b\u4e2d\uff0c\u4f46\u78ba\u5be6\u5b58\u5728\uff08\u6279\u7d66\u5408\u540c\u548c\u8f49\u6279\u7d66\u5408\u540c\u4ea6\u5c07\u6709\u95dc\u6cd5\u5f8b\u8981\u6c42\u8907\u88fd\u548c\u52a0\u4ee5\u88dc\u5145\uff08\u898b\u5408\u540c\u7b2c\u4e03\u5341\u56db\u689d\uff09\uff0c\u4e26\u8ce6\u4e88\u8a72\u6cd5\u5b9a\u7fa9\u52d9\u4ee5\u5408\u540c\u6027\u8cea\uff0c\u4e14\u8a02\u660e\u9055\u53cd\u6709\u95dc\u898f\u5b9a\u8005\u9808\u7e73\u7d0d\u6700\u9ad8\u9054\u6fb3\u9580\u5e63\u5341\u5104\u5143\u7684\u9055\u7d04\u91d1\uff09\u3002
\n\n\n\n\u6fb3\u9580\u653f\u5e9c\u77e5\u6089\u5b58\u5728\u9019\u4e00\u6cd5\u5f8b\u4f9d\u64da\uff0c\u56e0\u800c\u64da\u6b64\u6b63\u5f0f\u548c\u660e\u793a\u8a31\u53ef\u73fe\u6709\u7684\u6bcf\u5bb6\u201c\u885b\u661f\u5834\u201d\u71df\u904b\u3002
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\n\n\n\n\u6c7a\u5b9a\u5c07\u5a1b\u6a02\u5834\u5e78\u904b\u535a\u5f69\u7d93\u71df\u4f5c\u8f49\u79fb\u6216\u8b93\u8207\u7b2c\u4e09\u4eba\u9019\u4e00\u4f8b\u5916\u60c5\u6cc1\u5f9e\u535a\u5f69\u6cd5\u522a\u9664\uff0c\u662f\u4e00\u500b\u7acb\u6cd5\u6280\u8853\u62d9\u52a3\u7684\u4f8b\u5b50\uff0c\u6548\u679c\u53ef\u80fd\u9069\u5f97\u5176\u53cd\u3002\u8f03\u4f73\u505a\u6cd5\u662f\u4fdd\u7559\u6709\u95dc\u898f\u5b9a\uff1a\u898f\u5b9a\u4e00\u500b\u4f8b\u5916\u60c5\u6cc1\u662f\u4e00\u56de\u4e8b\uff0c\u7528\u4e0d\u7528\u662f\u53e6\u5916\u4e00\u56de\u4e8b\u3002
\n\n\n\n2. \u201c\u885b\u661f\u5834\u201d\u6c38\u4e45\u95dc\u9589\u9700\u5426\u653f\u5e9c\u6279\u51c6
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\n\n\n\n\u8207\u904e\u5f80\u535a\u5f69\u6cd5\u5f8b\u7684\u898f\u5b9a\u6709\u6240\u4e0d\u540c\uff0c\u6fb3\u9580\u653f\u5e9c\u73fe\u5728\u7121\u6b0a\u6c7a\u5b9a\u4e2d\u6b62\u67d0\u4e00\u5a1b\u6a02\u5834\u7684\u71df\u904b\uff081961\u5e74\u535a\u5f69\u6cd5\u751f\u6548\u671f\u9593\uff0c\u53ea\u53ef\u201c\u65bc\u570b\u55aa\u65e5\u53c8\u6216\u5728\u660e\u986f\u4e0d\u80fd\u9032\u884c\u535a\u5f69\u6216\u9032\u884c\u535a\u5f69\u5f15\u8d77\u5408\u7406\u4e4b\u516c\u61a4\u6642\u201d\u6c7a\u5b9a\u4e2d\u6b62\u5a1b\u6a02\u5834\u7684\u904b\u4f5c\uff0c\u800c\u57281982\u5e74\u535a\u5f69\u6cd5\u751f\u6548\u671f\u9593\uff0c\u53ea\u53ef\u201c\u57fa\u65bc\u5167\u90e8\u79e9\u5e8f\u6216\u570b\u969b\u79e9\u5e8f\u7684\u91cd\u5927\u539f\u56e0\u201d\u6c7a\u5b9a\u4e2d\u6b62\u5a1b\u6a02\u5834\u7684\u71df\u904b\uff09\u3002\u6839\u64da\u73fe\u884c\u535a\u5f69\u6cd5\u7684\u898f\u5b9a\uff0c\u53ea\u53ef\u7531\u627f\u6279\u516c\u53f8/\u7372\u8f49\u6279\u7d66\u4eba\u5728\u201c\u4f8b\u5916\u60c5\u6cc1\u4e0b\u201d\uff0c\u7d93\u6fb3\u9580\u653f\u5e9c\u8a31\u53ef\uff0c\u6c7a\u5b9a\u4e2d\u6b62\u5a1b\u6a02\u5834\u7684\u904b\u4f5c\uff0c\u4f46\u5728\u7dca\u6025\u60c5\u6cc1\u4e0b\u9664\u5916\uff08\u5373\u5728\u767c\u751f\u56b4\u91cd\u4e8b\u6545\u3001\u707d\u798d\u6216\u81ea\u7136\u707d\u96e3\u7b49\u56b4\u91cd\u5a01\u8105\u500b\u4eba\u751f\u547d\u5b89\u5168\u6642\u9664\u5916\uff09\u3002\u7136\u800c\uff0c\u81ea2004\u5e74\u8d77\uff0c\u5728\u300a\u50b3\u67d3\u75c5\u9632\u6cbb\u6cd5\u300b\u56b4\u683c\u898f\u5b9a\u7684\u60c5\u6cc1\u4e0b\uff08\u7206\u767c\u3001\u6d41\u884c\u50b3\u67d3\u75c5\uff0c\u53c8\u6216\u9762\u81e8\u7206\u767c\u3001\u6d41\u884c\u50b3\u67d3\u75c5\u7684\u5371\u96aa\uff09\uff0c\u653f\u5e9c/\u884c\u653f\u9577\u5b98\u53ef\u6c7a\u5b9a\u4e2d\u6b62\u4efb\u4f55\u5834\u6240\u7684\u904b\u4f5c\u6216\u6d3b\u52d5\uff1b\u81ea2020\u5e74\u8d77\uff0c\u6839\u64da\u300a\u6c11\u9632\u6cd5\u5f8b\u5236\u5ea6\u300b\u7684\u898f\u5b9a\uff0c\u653f\u5e9c/\u884c\u653f\u9577\u5b98\u53ef\u6c7a\u5b9a\u4e2d\u6b62\u5728\u201c\u53d7\u7a81\u767c\u516c\u5171\u4e8b\u4ef6\u5f71\u97ff\u7684\u6307\u5b9a\u5730\u9ede\u6216\u8a2d\u65bd\u5167\u9032\u884c\u201d\u7684\u5a1b\u6a02\u5834\u5e78\u904b\u535a\u5f69\u3002
\n\n\n\n\u62c9\u4e01\u8a9e\u201ca maiori, ad minus\u201d\uff08\u5bb9\u5927\u7d0d\u5c0f\uff0c\u7981\u5c0f\u6b62\u5927\uff09\u662f\u6cd5\u5f8b\u63a8\u8ad6\u7684\u6700\u57fa\u672c\u65b9\u6cd5\u4e4b\u4e00\u3002\u610f\u5373\uff0c\u201c\u8ab0\u80fd\u70ba\u591a\uff0c\u81ea\u80fd\u70ba\u5c11\u201d\uff0c\u4e5f\u53ef\u4ee5\u7406\u89e3\u70ba\u201c\u6709\u6548\u65bc\u5927\u8005\u8005\uff0c\u81ea\u7576\u512a\u65bc\u5c0f\u8005\u201d\u3002\u9019\u4e00\u6cd5\u5f8b\u63a8\u8ad6\u9069\u7528\u65bc\u6cd5\u5f8b\u7684\u64f4\u5f35\u89e3\u91cb\uff0c\u4e5f\u5c31\u662f\u8aaa\uff0c\u5373\u4f7f\u662f\u6cd5\u5f8b\u6c92\u6709\u76f4\u63a5\u898f\u5b9a\u7684\u60c5\u6cc1\uff0c\u53ea\u8981\u904b\u7528\u9019\u4e00\u63a8\u8ad6\uff0c\u4fbf\u53ef\u63a8\u65b7\u51fa\u8a72\u7b49\u60c5\u6cc1\u3002
\n\n\n\n\u8207\u4e2d\u6b62\u67d0\u5a1b\u6a02\u5834\u904b\u4f5c\uff08\u4e00\u65e5\u6216\u591a\u65e5\uff09\u7684\u60c5\u6cc1\u76f8\u53cd\uff0c\u535a\u5f69\u6cd5\u4f8b\u6c92\u6709\u898f\u5b9a\u95dc\u9589\u67d0\u5a1b\u6a02\u5834\u9808\u7d93\u653f\u5e9c\u6279\u51c6\u3002\u76f8\u53cd\u7684\u63a8\u8ad6\uff0c\u5373\u201c\u8ab0\u80fd\u70ba\u5c11\uff0c\u81ea\u80fd\u70ba\u591a\u201d\u662f\u6cd5\u5f8b\u6240\u4e0d\u5bb9\u7684\u3002\u6b64\u5916\uff0c\u6fb3\u9580\u653f\u5e9c\u4e26\u975e\u201c\u63d0\u4f9b\u670d\u52d9\u4ee5\u53ca\u5730\u65b9\u4e4b\u4f54\u7528\u53ca\u4f7f\u7528\u5408\u540c\u201d\u7684\u7acb\u7d04\u65b9\u3002\u8a72\u7b49\u5408\u540c\uff08\u4f9d\u6cd5\uff09\u9808\u8a02\u5b9a\u79df\u8cc3\u7d42\u6b62\u7684\u65e5\u671f\uff0c\u9019\u65e5\u671f\uff08\u6975\uff09\u53ef\u80fd\u8207\u6279\u7d66\u548c\u8f49\u6279\u7d66\u7684\u671f\u9650\uff082022\u5e746\u670826\u65e5\uff09\u76f8\u95dc\u3002
\n\n\n\n\u5047\u8a2d\u6fb3\u9580\u653f\u5e9c\u6c92\u6709\u898f\u5b9a\u6709\u95dc\u689d\u4ef6\uff0c\u5247\u7121\u9700\u53d6\u5f97\u4efb\u4f55\u6279\u51c6\u3002\u4e0d\u904e\uff0c\u90e8\u5206\u201c\u885b\u661f\u5834\u201d\u9084\u662f\u975e\u5e38\u79ae\u8c8c\u5730\u901a\u77e5\u653f\u5e9c\u4ed6\u5011\u64ec\u95dc\u9589\u7684\u6c7a\u5b9a\uff01
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\n\n\n\n\nAnt\u00f3nio Lobo Vilela is a lawyer based in Macau and the author of the Macau Gaming Law Book (www.macaugaminglaw.com)
\n\n\n\n\n\n\n\nHaving participated in the drafting of the Macau Gaming Law (currently in force) and the concession and subconcession contracts, I was asked about the legal basis for the existence of third-party promoted casinos (also known as \u201csatellite casinos\u201d) and about the need for \u201csatellite casinos\u201d to request permission/authorization from the government to close their doors permanently.
\n\n\n\n1. Legal basis for the existence of \u201csatellite casinos\u201d
\n\n\n\nIt would be bizarre to believe that \u201csatellite casinos\u201d have been operating in legal limbo for so many years (some have been in operation since STDM\u2019s concession, and several of them are (indirectly) listed on the Hong Kong Stock Exchange). It would be grotesque if the Macau government allowed \u201csatellite casinos\u201d to continue to operate without consequences if they were illegal. While some people may believe this, Macau is still far from being the Wild West of gambling.
\n\n\n\nLike it or not, \u201csatellite casinos\u201d operate (and have operated) legally. And the Macau Gaming Law does not need to explicitly mention them because laws are, by definition, (still) general and abstract.
\n\n\n\nThe Macau Gaming Law allows \u2013 as an exception \u2013 the transfer or assignment, to third parties, in any way, of the operation of casino games of chance uponprior authorization from the government. Although the provision is in the middle of Article 17, it exists (and the concession and subconcession contracts reproduce and complement the legal requirement (in Clause 74), giving contractual nature to the legal obligation and establishing penalties up to one billion patacas applicable in case of violation).
\n\n\n\nThe Macau government is aware of this legal basis, as it has used it to formally and expressly authorize each of the existing “satellite casinos.”
\n\n\n\nIn response to a 2008 written interpellation from legislator Lee Chong Cheng, the Macau government, through the Gaming Inspection and Coordination Bureau Director, noted that the vast majority of the \u2018Service Provision and License for Occupancy and Use of Space\u2019 (the name given to the contract governing the relationship between the casino operator and the casino promoter) \u201care intended to define the contractual arrangements for the occupancy and use of space by the concessionaire/ subconcessionaire to install a casino and to define and regulate the payments by said concessionaire/subconcessionaire for the services to be provided by the owner or manager of the space. These are marketing, promotion, advertising, management, and customer acquisition services. The Macau SAR government authorized these contracts on a case-by-case basis under Article 17(9) of Law No. 16/2001(…), [and the] authorization was conditional upon the gaming operator and the space owner or manager where the casino is installed meeting various requirements.\u201d
\n\n\n\nThe decision to remove from the Gaming Law the necessary exception for the transfer or assignment of the operation to a third party of the operation of casino games of chance is an example of a poor legislative technique, which may prove to be counterproductive. Best practices would advise retaining it: one thing is to provide for an exception; another is to use it.
\n\n\n\n2. Need for government approval for a \u201csatellite casino\u201d to close permanently
\n\n\n\nAs acorollary of the objective set out\u00a0by the Gaming Law \u201cthat the interests of the Macau Special Administrative Region in collecting taxes from casino operations are duly protected,\u201d\u00a0the Macau\u00a0SAR\u00a0is legally considered\u00a0a \u2018continuous gaming\u00a0zone.\u2019 This means that\u00a0games of chance\u00a0must be operated consecutively, continuously, and sequentially, \u201cwith casinos required to operate on every day of the year.\u201d
\n\n\n\nUnlike previous gaming laws, the Macau government does not have the power to determine the suspension of a casino\u2019s operation under the current law (under the 1961 Gaming Law, the suspension could only be ordered \u201cin the event\u00a0of\u00a0national mourning or in others in which there is clear incapacity or justified public outrage,\u201dand under the 1982 Gaming Law, based\u00a0on\u201cfundamental grounds of\u00a0domestic or international order\u201d).\u00a0
\n\n\n\nUnder the current Gaming Law,\u00a0the decision to suspend may only be\u00a0made by\u00a0the casino operators in \u2018exceptional circumstances\u2019 and, except\u00a0in\u00a0urgent situations\u00a0(\u201cresulting from a serious accident, catastrophe or natural disaster,\u00a0which may\u00a0pose a serious risk to the safety of\u00a0people\u201d), is subject to authorization by the Macau government. Nevertheless, the government/Chief Executive can always order the suspension of any establishment or activity in the restrictive situations provided for (since 2004) in the Law for the Prevention, Control, and Treatment of Infectious Diseases (\u201coutbreak or prevalence, or risk of an outbreak or prevalence, of an\u00a0infectiousdisease\u201d), and (since 2020) by the Law on Civil Protection (\u201c[suspension of casino games of chance]\u00a0in certain places or within facilities vulnerable to sudden incidents of a public nature\u201d).
\n\n\n\nThe Latin expression \u201ca maiori, ad minus\u201d is one of the most basic forms of legal argumentation. It means \u2018whoever can the more, can the less\u2019 or, if preferable, \u2018what is valid for the more, must necessarily prevail for the less,\u2019 and is used for the extensive interpretation of the law, i.e., for cases not directly contemplated in the law but that can be inferred using this reasoning.
\n\n\n\nUnlike the suspension of a casino (for one or more days), the casino’s closure is not provided for in the gaming laws and regulations as requiring government authorization. And the opposite \u2018whoever can the less, can the more\u2019 argument is not legally admissible. Furthermore, the Macau government is not a party to the \u2018Service Provision and License for Occupancy and Use of Space\u2019 contracts. And all these contracts need to (legally) provide for the lease expiration date, which is (most) probably linked to the deadline of the concessions and subconcessions (June 26, 2022).
\n\n\n\nThus, assuming that the Macau government did not impose this as a condition, no authorization is required. However, it was a polite gesture from some \u201csatellite casinos\u201d to communicate their decision!
\n\n\n\nLegal interpretation is not within everyone’s reach. To muddy the waters is not advised, and barking up the wrong tree isn\u2019t either.
\n\n\n\n![\"\"](\"https://hogo.sgp1.digitaloceanspaces.com/macaubusiness/wp-content/uploads/2022/03/AdobeStock_15045048-150x150.jpg\")
\n\u6587\uff1a\u6e29\u4ee4\u97dc
\n\n\n\n(Ant\u00f3nio Lobo Vilela)
\n\n\n\n\u6e29\u4ee4\u97dc (Ant\u00f3nio Lobo Vilela)\uff0c\u6fb3\u9580\u5f8b\u5e2b\uff0c\u300a\u6fb3\u9580\u535a\u5f69\u6cd5\u300b\u4e00\u66f8\u4f5c\u8005\u3002
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\n\n\n\n\u7531\u65bc\u6fb3\u9580\u65c5\u904a\u5a1b\u6a02\u80a1\u4efd\u6709\u9650\u516c\u53f8\uff08STDM\uff09\u7684\u591a\u5bb6\u5a1b\u6a02\u5834\uff08\u65bc2001\u5e74\u5df2\u8f49\u5165\u6fb3\u535a\u7684\u6279\u7d66\u7bc4\u570d\uff09\u6b77\u4f86\u90fd\u5728\u5c6c\u65bc\u7b2c\u4e09\u4eba\u7684\u7269\u696d\u5167\u71df\u904b\uff0c\u6fb3\u9580\u653f\u5e9c\u5728\u6fb3\u535a\u7684\u6279\u7d66\u5408\u540c\u4e2d\uff0c\u5c31\u5a1b\u6a02\u5834\u61c9\u8a2d\u65bc\u627f\u6279\u516c\u53f8\u64c1\u6709\u7684\u7269\u696d\u5167\u9019\u4e00\u4e00\u822c\u898f\u5247\uff0c\u5275\u8a2d\u4e86\u4e00\u9805\u4f8b\u5916\u898f\u5b9a\u3002\u5982\u4e8b\u5148\u7372\u5f97\u6fb3\u9580\u653f\u5e9c\u7684\u9069\u7576\u8a31\u53ef\uff0c\u5a1b\u6a02\u5834\u53ef\u8a2d\u65bc\u7b2c\u4e09\u4eba\u64c1\u6709\u7684\u7269\u696d\u5167\u3002\u5176\u5f8c\uff0c\u5728\u6c38\u5229\uff08Wynn\uff09\u548c\u9280\u6cb3\uff08Galaxy\uff09\u7684\u6279\u7d66\u5408\u540c\u7684\u78cb\u5546\u904e\u7a0b\u4e2d\uff0c\u5f15\u5165\u4e86\u76f8\u95dc\u884c\u6587\uff08\u4e26\u5c07\u4e4b\u5f15\u5165\u4e86\u9996\u6b21\u4fee\u6539\u7684\u6fb3\u535a\u7684\u6279\u7d66\u5408\u540c\u53ca\u6240\u6709\u8f49\u6279\u7d66\u5408\u540c\u4e2d\uff09\uff0c\u7576\u4e2d\u660e\u78ba\u898f\u5b9a\uff0c\u70ba\u4f7f\u5a1b\u6a02\u5834\u53ef\u6b78\u5c6c\u6fb3\u9580\u7279\u5340\uff0c\u5728\u653f\u5e9c\u4e8b\u5148\u7d66\u4e88\u7684\u9069\u7576\u8a31\u53ef\u4e2d\u53ef\u7279\u5225\u898f\u5b9a\u4e00\u9805\u689d\u4ef6\uff0c\u5c31\u662f\u627f\u6279\u516c\u53f8\uff08\u6216\u7372\u8f49\u6279\u7d66\u4eba\uff09\u9808\u6700\u9072\u65bc\u6279\u7d66\uff08\u6216\u8f49\u6279\u7d66\uff09\u64a4\u92b7\u524d180\u5929\u53d6\u5f97\u5a1b\u6a02\u5834\u6240\u5728\u5efa\u7bc9\u7269\u7684\u67d0\u4e00\uff08\u67d0\u4e9b\uff09\u55ae\u4f4d\u3002\u4fee\u6539\u300a\u535a\u5f69\u6cd5\u300b\u7684\u6cd5\u6848\uff08\u5df2\u7372\u7acb\u6cd5\u6703\u4e00\u822c\u6027\u901a\u904e\uff0c\u4e26\u5728\u5be9\u8b70\u4e2d\uff09\u522a\u9664\u4e86\u4e0a\u8ff0\u4f8b\u5916\u898f\u5b9a\u3002\u5982\u6cd5\u6848\u7372\u901a\u904e\uff0c\u5728\u70ba\u671f\u4e09\u5e74\u7684\u66ab\u7de9\u671f\u5c46\u6eff\u5f8c\uff0c\u5a1b\u6a02\u5834\u5e78\u904b\u535a\u5f69\u53ea\u80fd\u5728\u8a2d\u65bc\u627f\u6279\u516c\u53f8\u76f4\u63a5\u548c\u5b8c\u5168\u64c1\u6709\u7684\u7269\u696d\u5167\u7684\u5a1b\u6a02\u5834\u4e2d\u7d93\u71df\u3002
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\n\n\n\n![\"\"](\"https://hogo.sgp1.digitaloceanspaces.com/macaubusiness/wp-content/uploads/2022/05/AdobeStock_90792914.jpg\")
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\n\n\n\n\u4e14\u770b\u6fb3\u9580\u653f\u5e9c\u5982\u4f55\u201c\u6536\u79d1\u201d\u3002
\n", "content_text": "\u6587\uff1a\u6e29\u4ee4\u97dc \n\n\n\n\n\n\n\n(Ant\u00f3nio Lobo Vilela)\n\n\n\n\u6e29\u4ee4\u97dc (Ant\u00f3nio Lobo 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"date_published": "May 18, 2022", "date_modified": "May 31, 2022 - 11:46", "author": { "name": "Ant\u00f3nio Lobo Vilela", "url": "https://www.macaubusiness.com/author/avilela/", "avatar": "https://secure.gravatar.com/avatar/d2a8ffae8f0ca7337aa634d77eb3ce86?s=512&d=mm&r=g" }, "image": "https://hogo.sgp1.digitaloceanspaces.com/macaubusiness/wp-content/uploads/2022/03/AdobeStock_15045048.jpg", "tags": [ "Business Intelligence", "MAG", "MB", "MB Featured", "Opinion" ], "summary": "\u6fb3\u9580\u6cd5\u5f8b\u898f\u5b9a\uff0c\u6279\u7d66\uff08\u548c\u8f49\u6279\u7d66\uff09\u4e00\u65e6\u64a4\u92b7\uff0c\u5a1b\u6a02\u5834\uff08\u9023\u540c\u535a\u5f69\u8a2d\u5099\u3001\u7528\u5177\u548c\u5176\u4ed6\u201c\u6309\u5408\u540c\u689d\u6b3e\u61c9\u6b78\u5c6c\u6fb3\u9580\u7279\u5340\u6240\u6709\u7684\u5176\u4ed6\u8ca1\u7522\u6216\u6b0a\u5229\u201d\uff09\u6b78\u5c6c\u6fb3\u9580\u7279\u5340\u6240\u6709/\u8f49\u79fb\u4e88\u6fb3\u9580\u7279\u5340\u3002" }, { "id": "https://www.macaubusiness.com/opinion-reversion-of-casinos-a-deuce-to-pay/", "url": "https://www.macaubusiness.com/opinion-reversion-of-casinos-a-deuce-to-pay/", "title": "OPINION \u2013 Reversion of casinos, a deuce to pay?", "content_html": "![\"\"](\"https://hogo.sgp1.digitaloceanspaces.com/macaubusiness/wp-content/uploads/2022/05/AdobeStock_90792914-150x150.jpg\")
\nAnt\u00f3nio Lobo Vilela is a lawyer based in Macau and the author of the Macau Gaming Law Book (www.macaugaminglaw.com)
\n\n\n\nThe Macau law stipulates the reversion-transfer to the Macau SAR of casinos upon the extinction of the concessions (and subconcessions) (along with the gaming equipment, utensils, and other \u201cassets or rights that must revert under a contractual clause\u201d).
\n\n\n\nUnder the concession and subconcession contracts, (some) casinos will revert to the Macau SAR on June 26, 2022, (SJM and MGM casinos were initially due to revert on March 30, 2020, but the reversion was postponed to June 26, 2022, with the 2019 contractual amendments). The Land, Public Works and Transport Bureau (\u201cDSSOPT\u201d) stated publicly that \u201cthe reversion of the respective properties is clearly defined, and DSSOPT will strictly comply with the concession contract for each unit of land.\u201d
\n\n\n\nThe reversion is a typical effect of the extinction of administrative concessions. In the case of the casinos, they are required to fulfil the principle of the continued operation of games of chance, i.e., to ensure the continuity and regularity \u2013 in an automatic, immediate, and uninterrupted manner \u2013 of casino operations.
\n\n\n\nBack in 2001, following concerns raised by the Legislative Assembly\u2019s Ad Hoc Committee set up to assess the gaming law draft proposal, the initially intended reversion scope (all assets and rights allocated to the concession) was restricted to the casinos, gaming equipment, utensils, and other \u201cassets or rights that must revert under a contractual clause.\u201d
\n\n\n\nBecause several STDM casinos (in 2001 transferred to SJM\u2019s concession) historically operated in third-party properties, the Macau government created in SJM\u2019s concession contract an exception to the general rule that casinos must be located on property owned by the concessionaire. With proper prior authorization by the Macau government, the casinos could be located at properties owned by a third party. The draft was then complemented by Wynn and Galaxy concession contract negotiations (and inserted in the first amendment to SJM\u2019s concession contract, as in all subconcession contracts), specifying that the proper prior authorization could, in particular, impose the condition to allow the casinos to revert to the Macau SAR, that the concessionaire (or subconcessionaires) purchase the building unit(s) in which the casino was located by 180 days before the extinction of the concession (or subconcession). The draft law proposal amending the Gaming Law \u2013 which has been approved at first reading and is undergoing panel review at the Legislative Assembly – ends with this exception. If approved, the operation of casino games of chance can only occur in casinos located in properties wholly owned directly by the concessionaires after a given three-year moratorium.
\n\n\n\nHowever, except in the case of the Resort-Hotel-Casino referred to in the Investments Plan, annexed to the concession and subconcession contracts, when carried out by a third party to the casino operator (to whom the land was granted), the Macau government never imposed such a condition. This causes not all casinos to revert to the Macau SAR.
\n\n\n\nAt the time, the Macau government expected each casino operator to build a single Resort-Hotel-Casino. Concerns raised during the concession contract negotiations about the reversion of casinos to be operated outside the scope of the projects referred to in the Investment Plan led the Macau government, through the Macau Gaming Commission, to prepare and present to the \u201cInformal Jurist Group\u201d (created by the Chief Executive as a meeting point between the Macau government and representatives of the concessionaires and subconcessionaire) to informally analyse and discuss the draft legislation on casino gaming to be approved) in May 2005 an administrative regulation draft to address the issue.
\n\n\n\nThe proposed regulation stipulated the principle of the reversion of a casino only by concessionaire and subconcessionaire, corresponding to the one located at the main investment referred to in the Investment Plan. However this administrative regulation was never enacted.
\n\n\n\n![\"\"](\"https://hogo.sgp1.digitaloceanspaces.com/macaubusiness/wp-content/uploads/2022/03/AdobeStock_15045048-1028x684.jpg\")
So, which casinos revert?
\n\n\n\nAccording to the concession and subconcession contracts, all casinos revert except those authorized to be located on properties not owned by the casino operators to which the Macau government contractually agreed not to impose the acquisition of the casino unit(s) (to allow its reversion) as a condition.
\n\n\n\nAside, some practical problems exist. Some of the buildings hosting casinos (i) are not registered with the Property Registry, (ii) are registered with the Property Registry but not under strata title, or (iii) are registered under strata title but with a specified casino area different from the actual existing area of the casino in operation.
\n\n\n\nThe reversion (as currently designed) is automatic, operating ipso iuri, independently of any formality (the draft law proposal amending the Gaming Law determines the application of the eviction regime applicable to urban construction, which turns the reversion not automatic and needed of formalities to be fulfilled\u2026). Based on the mandatory inventory of reversible assets and the existing blueprints of all casinos in operation, the Macau government knows (or should know) the exact location of the current casino areas, including their dependencies and respective physical areas. That knowledge should suffice for the Macau government to take immediate administrative possession of the casinos to revert and handle the registration or other formalities.
\n\n\n\nThe lack of registration or registration under strata title makes the reversion rest over an aliquot part of the property and the land itself. The Macau government already has experience in handling these matters. Although the Casino Lisboa reverted in March 2002 upon the extinction of STDM\u2019s casino gaming concession, the complex Casino-Hotel Lisboa was never registered under strata title. Only in July 2007 was the Macau government able to complete all formalities needed. As to the disparity between the existing area of the casino in operation and the casino area as provided by the land concession contracts (in some cases ridiculously less), a revision to the land concession contract seems the only possible option. The Gaming Law is crystal clear on what should revert.
\n\n\n\nThe three-year moratorium set by the draft law proposal amending the Gaming Law for all casinos to be located in properties wholly owned directly by the casino operators provides enough time for them to decide if they (really) want to continue to operate them after that moment.
\n\n\n\nTo force the casino operators \u2013 the weakest link of the chain \u2013 to any decision on the casinos that do not revert to the Macau SAR before they secure a new concession would be putting the cat among the pigeons.
\n\n\n\nLet\u2019s see how the Macau government will sow the dragon\u2019s teeth.
\n", "content_text": "Ant\u00f3nio Lobo Vilela\n\n\n\nAnt\u00f3nio Lobo Vilela is a lawyer based in Macau and the author of the Macau Gaming Law Book (www.macaugaminglaw.com)\n\n\n\n\n\n\n\nThe Macau law stipulates the reversion-transfer to the Macau SAR of casinos upon the extinction of the concessions (and subconcessions) (along with the gaming equipment, utensils, and other \u201cassets or rights that must revert under a contractual clause\u201d). \n\n\n\nUnder the concession and subconcession contracts, (some) casinos will revert to the Macau SAR on June 26, 2022, (SJM and MGM casinos were initially due to revert on March 30, 2020, but the reversion was postponed to June 26, 2022, with the 2019 contractual amendments). The Land, Public Works and Transport Bureau (\u201cDSSOPT\u201d) stated publicly that \u201cthe reversion of the respective properties is clearly defined, and DSSOPT will strictly comply with the concession contract for each unit of land.\u201d\n\n\n\nThe reversion is a typical effect of the extinction of administrative concessions. In the case of the casinos, they are required to fulfil the principle of the continued operation of games of chance, i.e., to ensure the continuity and regularity \u2013 in an automatic, immediate, and uninterrupted manner \u2013 of casino operations. \n\n\n\nBack in 2001, following concerns raised by the Legislative Assembly\u2019s Ad Hoc Committee set up to assess the gaming law draft proposal, the initially intended reversion scope (all assets and rights allocated to the concession) was restricted to the casinos, gaming equipment, utensils, and other \u201cassets or rights that must revert under a contractual clause.\u201d \n\n\n\nBecause several STDM casinos (in 2001 transferred to SJM\u2019s concession) historically operated in third-party properties, the Macau government created in SJM\u2019s concession contract an exception to the general rule that casinos must be located on property owned by the concessionaire. With proper prior authorization by the Macau government, the casinos could be located at properties owned by a third party. The draft was then complemented by Wynn and Galaxy concession contract negotiations (and inserted in the first amendment to SJM\u2019s concession contract, as in all subconcession contracts), specifying that the proper prior authorization could, in particular, impose the condition to allow the casinos to revert to the Macau SAR, that the concessionaire (or subconcessionaires) purchase the building unit(s) in which the casino was located by 180 days before the extinction of the concession (or subconcession). The draft law proposal amending the Gaming Law \u2013 which has been approved at first reading and is undergoing panel review at the Legislative Assembly – ends with this exception. If approved, the operation of casino games of chance can only occur in casinos located in properties wholly owned directly by the concessionaires after a given three-year moratorium. \n\n\n\nHowever, except in the case of the Resort-Hotel-Casino referred to in the Investments Plan, annexed to the concession and subconcession contracts, when carried out by a third party to the casino operator (to whom the land was granted), the Macau government never imposed such a condition. This causes not all casinos to revert to the Macau SAR. \n\n\n\nAt the time, the Macau government expected each casino operator to build a single Resort-Hotel-Casino. Concerns raised during the concession contract negotiations about the reversion of casinos to be operated outside the scope of the projects referred to in the Investment Plan led the Macau government, through the Macau Gaming Commission, to prepare and present to the \u201cInformal Jurist Group\u201d (created by the Chief Executive as a meeting point between the Macau government and representatives of the concessionaires and subconcessionaire) to informally analyse and discuss the draft legislation on casino gaming to be approved) in May 2005 an administrative regulation draft to address the issue. \n\n\n\nThe proposed regulation stipulated the principle of the reversion of a casino only by concessionaire and subconcessionaire, corresponding to the one located at the main investment referred to in the Investment Plan. However this administrative regulation was never enacted. \n\n\n\n\n\n\n\nSo, which casinos revert? \n\n\n\nAccording to the concession and subconcession contracts, all casinos revert except those authorized to be located on properties not owned by the casino operators to which the Macau government contractually agreed not to impose the acquisition of the casino unit(s) (to allow its reversion) as a condition. \n\n\n\nAside, some practical problems exist. Some of the buildings hosting casinos (i) are not registered with the Property Registry, (ii) are registered with the Property Registry but not under strata title, or (iii) are registered under strata title but with a specified casino area different from the actual existing area of the casino in operation. \n\n\n\nThe reversion (as currently designed) is automatic, operating ipso iuri, independently of any formality (the draft law proposal amending the Gaming Law determines the application of the eviction regime applicable to urban construction, which turns the reversion not automatic and needed of formalities to be fulfilled\u2026). Based on the mandatory inventory of reversible assets and the existing blueprints of all casinos in operation, the Macau government knows (or should know) the exact location of the current casino areas, including their dependencies and respective physical areas. That knowledge should suffice for the Macau government to take immediate administrative possession of the casinos to revert and handle the registration or other formalities. \n\n\n\nThe lack of registration or registration under strata title makes the reversion rest over an aliquot part of the property and the land itself. The Macau government already has experience in handling these matters. Although the Casino Lisboa reverted in March 2002 upon the extinction of STDM\u2019s casino gaming concession, the complex Casino-Hotel Lisboa was never registered under strata title. Only in July 2007 was the Macau government able to complete all formalities needed. As to the disparity between the existing area of the casino in operation and the casino area as provided by the land concession contracts (in some cases ridiculously less), a revision to the land concession contract seems the only possible option. The Gaming Law is crystal clear on what should revert. \n\n\n\nThe three-year moratorium set by the draft law proposal amending the Gaming Law for all casinos to be located in properties wholly owned directly by the casino operators provides enough time for them to decide if they (really) want to continue to operate them after that moment. \n\n\n\nTo force the casino operators \u2013 the weakest link of the chain \u2013 to any decision on the casinos that do not revert to the Macau SAR before they secure a new concession would be putting the cat among the pigeons. \n\n\n\nLet\u2019s see how the Macau government will sow the dragon\u2019s teeth.", "date_published": "May 08, 2022", "date_modified": "May 30, 2022 - 18:29", "author": { "name": "Ant\u00f3nio Lobo Vilela", "url": "https://www.macaubusiness.com/author/avilela/", "avatar": "https://secure.gravatar.com/avatar/d2a8ffae8f0ca7337aa634d77eb3ce86?s=512&d=mm&r=g" }, "image": "https://hogo.sgp1.digitaloceanspaces.com/macaubusiness/wp-content/uploads/2022/05/AdobeStock_90792914.jpg", "tags": [ "Macau", "Macau Business", "MAG", "MB", "MB Featured", "Opinion" ], "summary": "The Macau law stipulates the reversion-transfer to the Macau SAR of casinos upon the extinction of the concessions (and subconcessions) (along with the gaming equipment, utensils, and other \u201cassets or rights that must revert under a contractual clause\u201d). " }, { "id": "https://www.macaubusiness.com/opinion-dunning-kruger-effect/", "url": "https://www.macaubusiness.com/opinion-dunning-kruger-effect/", "title": "OPINION \u2013 Dunning\u2013Kruger effect", "content_html": "![\"\"](\"https://hogo.sgp1.digitaloceanspaces.com/macaubusiness/wp-content/uploads/2022/04/66618B6E-E18C-4488-A8AA-D364D886D2F5-150x150.png\")
\nBy Ant\u00f3nio Lobo Viela
\n\n\n\nThe government has recognized the obvious. The Chief Executive will have to exceptionally extend the casino concessions (and authorize the concessionaires to extend the respective casino sub-concessions).
\n\n\n\nThe Executive has had (almost) twenty years to have an arrow in the quiver. The Public Policy Address Report for 2020, presented by the current government, already announced the amendment to the Gaming Law and the public tender preparation. However, it left all to the eleventh hour. Was the government convinced to have enough time after launching the public consultation by mid-September 2021 to amend the Gaming Law, open a public tender, and negotiate the concession contracts by June 26, 2022? Or did it trust that the newly elected and \u2018patriots-only\u2019 Legislative Assembly would serve merely as a rubber stamp for the bill on the amendments to the Gaming Law presented to it?
\n\n\n\nAlthough the delay cannot be blamed on the casino operators, the government announced it would require them to ask (read, beg) for an extension of their contracts, conditional on paying a premium (around 50 million patacas) as compensation. Is the three-month unilateral extension of STDM’s concession contract in 2000 to allow the conclusion of the public tender that awarded the current casino concessions something the government is aware of?
\n\n\n\nAssuming the promise to pass the amended gaming law before June 26 is fulfilled, little time remains to prepare, open, conduct, and conclude the (nonsense) public tender and negotiate the concession contracts. In the 2001 public tender, where no application for judicial review was filed, a period of almost eight months elapsed (nine if we consider the approval date of the Macau Gaming Law \u2013 September 24, 2001) between the opening of the public tender (November 1, 2001) and the signing of the last two concession contracts (June 26, 2002). It may take less time (five months was the time between the opening of the tender and the signing of the SJM concession contract \u2013 March 31, 2002), but it does not seem likely.
\n\n\n\nThe government decided to confer suitability (as a condition to awarding a casino concession), importance never before recognized. It has always given a tinker’s curse about it. For instance, it never issued the orders of the Secretary for Economy and Finance on “relevant functions,” needed to determine which casino operators and gaming promoters employees were subject to suitability assessment processes.
\n\n\n\nFollowing the 2016 Mid-term Review Report, which states that the “mechanism for the suitability assessment(…) is relatively straightforward” as, “[e]ssentially, it requires (…) the submission of completed forms (…) which are reviewed and checked by lawyers and other relevant departments,” the 2021 Final Report on the public consultation on the amendment to the Gaming Law refers that “the verification mechanisms (…) are an important component in the process of overseeing the gaming sector in an impartial, honest and free from criminal influences environment“, having the government “a high regard for the suitability assessment process (…), believing that it is necessary to establish a comprehensive and effective prevention mechanism to ensure the healthy and orderly development of the sector strictly.“
\n\n\n\nThe bill on the amendment to the Gaming Law addresses suitability on different levels. On the one hand, it considers its ‘lack’ (not ‘loss’…) a cause for “annulment” of the concession (whatever this means…). On the other hand, it adds five (to the current four) criteria to be considered for its assessment. These new criteria presuppose an increase in the investigatory work given the need to determine, namely, if “propensity for excessive risk-taking” exists, the “lawfulness of the origin of the funds (…) or the true identity of the holder of those funds,” or any “inappropriate transactions with organized criminal groups.” In addition, the (new) definition of key employee considerably increases the number of those subject to suitability assessment processes. All this is laborious and time-consuming, requires access to various intel sources and interaction with other jurisdictions/regulators, and, above all, demands skilled and trained personnel.
\n\n\n\nDuring my externship with the Nevada Gaming Control Board (GCB), I learned that suitability assessment processes, which are meant for scrutinizing both “tigers and flies” (see the recent case of Barry Diller’s gambling license application that was delayed amid an inside trading probe), take, on average, six to ten months to be concluded. And let’s not forget that GCB’s Investigations Division (one of its six divisions) has a staff of 79, where the investigative agents “generally have college degrees in business or financial disciplines, criminal justice, or extensive law enforcement experience.” To put it in perspective, deducting from DICJ’s staff (459) all gaming inspectors (324), and the director, deputy directors, and heads of the divisions and subdivisions (22), it leaves only 113 people, who are divided among all its (six) divisions and (thirteen) subdivisions.
\n\n\n\nThe way the crow flies is not, in this case, the right direction to be armed at all points. Thus, it is, therefore, nothing but natural \u2013 or highly probable \u2013 that the government will have (need), once again, to announce a further extension beyond December 31, 2022.
\n\n\n\nDavid Dunning and Justin Kruger explain this phenomenon.
\n", "content_text": "By Ant\u00f3nio Lobo Viela \n\n\n\nAnt\u00f3nio Lobo Vilela is a Macau-based laywer and author of the Macau Gaming Law Book (www.macaugaminglaw.com\ufeff)\n\n\n\nThe government has recognized the obvious. The Chief Executive will have to exceptionally extend the casino concessions (and authorize the concessionaires to extend the respective casino sub-concessions).\n\n\n\nThe Executive has had (almost) twenty years to have an arrow in the quiver. The Public Policy Address Report for 2020, presented by the current government, already announced the amendment to the Gaming Law and the public tender preparation. However, it left all to the eleventh hour. Was the government convinced to have enough time after launching the public consultation by mid-September 2021 to amend the Gaming Law, open a public tender, and negotiate the concession contracts by June 26, 2022? Or did it trust that the newly elected and \u2018patriots-only\u2019 Legislative Assembly would serve merely as a rubber stamp for the bill on the amendments to the Gaming Law presented to it?\n\n\n\nAlthough the delay cannot be blamed on the casino operators, the government announced it would require them to ask (read, beg) for an extension of their contracts, conditional on paying a premium (around 50 million patacas) as compensation. Is the three-month unilateral extension of STDM’s concession contract in 2000 to allow the conclusion of the public tender that awarded the current casino concessions something the government is aware of?\n\n\n\nAssuming the promise to pass the amended gaming law before June 26 is fulfilled, little time remains to prepare, open, conduct, and conclude the (nonsense) public tender and negotiate the concession contracts. In the 2001 public tender, where no application for judicial review was filed, a period of almost eight months elapsed (nine if we consider the approval date of the Macau Gaming Law \u2013 September 24, 2001) between the opening of the public tender (November 1, 2001) and the signing of the last two concession contracts (June 26, 2002). It may take less time (five months was the time between the opening of the tender and the signing of the SJM concession contract \u2013 March 31, 2002), but it does not seem likely.\n\n\n\nThe government decided to confer suitability (as a condition to awarding a casino concession), importance never before recognized. It has always given a tinker’s curse about it. For instance, it never issued the orders of the Secretary for Economy and Finance on “relevant functions,” needed to determine which casino operators and gaming promoters employees were subject to suitability assessment processes.\n\n\n\nFollowing the 2016 Mid-term Review Report, which states that the “mechanism for the suitability assessment(…) is relatively straightforward” as, “[e]ssentially, it requires (…) the submission of completed forms (…) which are reviewed and checked by lawyers and other relevant departments,” the 2021 Final Report on the public consultation on the amendment to the Gaming Law refers that “the verification mechanisms (…) are an important component in the process of overseeing the gaming sector in an impartial, honest and free from criminal influences environment“, having the government “a high regard for the suitability assessment process (…), believing that it is necessary to establish a comprehensive and effective prevention mechanism to ensure the healthy and orderly development of the sector strictly.“\n\n\n\nThe bill on the amendment to the Gaming Law addresses suitability on different levels. On the one hand, it considers its ‘lack’ (not ‘loss’…) a cause for “annulment” of the concession (whatever this means…). On the other hand, it adds five (to the current four) criteria to be considered for its assessment. These new criteria presuppose an increase in the investigatory work given the need to determine, namely, if “propensity for excessive risk-taking” exists, the “lawfulness of the origin of the funds (…) or the true identity of the holder of those funds,” or any “inappropriate transactions with organized criminal groups.” In addition, the (new) definition of key employee considerably increases the number of those subject to suitability assessment processes. All this is laborious and time-consuming, requires access to various intel sources and interaction with other jurisdictions/regulators, and, above all, demands skilled and trained personnel.\n\n\n\nDuring my externship with the Nevada Gaming Control Board (GCB), I learned that suitability assessment processes, which are meant for scrutinizing both “tigers and flies” (see the recent case of Barry Diller’s gambling license application that was delayed amid an inside trading probe), take, on average, six to ten months to be concluded. And let’s not forget that GCB’s Investigations Division (one of its six divisions) has a staff of 79, where the investigative agents “generally have college degrees in business or financial disciplines, criminal justice, or extensive law enforcement experience.” To put it in perspective, deducting from DICJ’s staff (459) all gaming inspectors (324), and the director, deputy directors, and heads of the divisions and subdivisions (22), it leaves only 113 people, who are divided among all its (six) divisions and (thirteen) subdivisions.\n\n\n\nThe way the crow flies is not, in this case, the right direction to be armed at all points. Thus, it is, therefore, nothing but natural \u2013 or highly probable \u2013 that the government will have (need), once again, to announce a further extension beyond December 31, 2022.\n\n\n\nDavid Dunning and Justin Kruger explain this phenomenon.", "date_published": "April 07, 2022", "date_modified": "May 31, 2022 - 11:50", "author": { "name": "Ant\u00f3nio Lobo Vilela", "url": "https://www.macaubusiness.com/author/avilela/", "avatar": "https://secure.gravatar.com/avatar/d2a8ffae8f0ca7337aa634d77eb3ce86?s=512&d=mm&r=g" }, "image": "https://hogo.sgp1.digitaloceanspaces.com/macaubusiness/wp-content/uploads/2022/04/66618B6E-E18C-4488-A8AA-D364D886D2F5.png", "tags": [ "Macau Business", "MAG", "MAG Featured", "Opinion" ] }, { "id": "https://www.macaubusiness.com/opinion-popcorn-time/", "url": "https://www.macaubusiness.com/opinion-popcorn-time/", "title": "OPINION \u2013 Popcorn Time", "content_html": "![\"\"](\"https://hogo.sgp1.digitaloceanspaces.com/macaubusiness/wp-content/uploads/2022/03/AdobeStock_310497460_Editorial_Use_Only-150x150.jpg\")
\nAnt\u00f3nio Lobo Vilela
\n\n\n\nAnt\u00f3nio Lobo Vilela is a Macau-based laywer and author of the Macau Gaming Law Book
\n\n\n\n\n\n\n\nMacau Business | March 2022
The draft law proposal on the amendment to the Gaming Law submitted to the Legislative Assembly reaffirms the principle of the operation of games of chance confined to casinos (directly) owned by the casino operators, established in the casino concession and sub-concession contracts.
\n\n\n\nThe only novelty is that no exception to this principle is admissible. The draft law proposal provides that in the event the current casino operators are \u201cawarded rights to operate casino games of chance,\u201d they may continue to operate such games on a property not owned by them for a (maximum) period of three years from the entry into force of the law amending the Gaming Law, and provided that the Chief Executive grants authorizations.
\n\n\n\nThis rule is consistent with, among other things, the (newly announced) public policy of (1) downsizing Macau\u2019s gaming market, as stated in the proposed Article 1/2, subpar. 5 of the Gaming Law, and (2) prohibiting the sub-concessions, i.e., the \u201ctransfer, or assignment, in whole or in part, to a third party, of the right to operate casino games of chance, or the transfer, or assignment, in whole or in part, to a third party, of the concessionaire\u2019s legal rights and obligations related to gaming, or their contractual position as concessionaire,\u201d as per the proposed Article 7/3.
\n\n\n\nThis measure will most certainly impact the already sluggish gaming gross revenues and have a materially adverse effect on the operation of some casino operators.
\n\n\n\nFirstly, it directly hits the so-called \u201csatellite casinos\u201d i.e., the \u201cthird party promoted casinos,\u201d according to SJM\u2019s annual reports, or the \u201ccollaborative entities,\u201d in the wording of Article 5/4 of the draft law proposal. Out of the existing 42 casinos, 20 are \u201csatellite casinos\u201d (of which two are currently closed) operating under the umbrella of SJM, Galaxy, and Melco.
\n\n\n\nAlthough the draft law proposal allows casino operators to enter into agreements with third parties concerning the management of \u201call or some of the concessionaire\u2019s casinos,\u201d it bans the possibility of gaming-revenue-sharing. This fact alone will sound the death knell of the \u201csatellite casinos,\u201d at least as they currently operate. As a consequence, it will increase the already high unemployment rate with the employees hired by the “collaborative entities.\u201d (Despite the Secretary for Economy and Finance mentioning that all are employees of the concessionaire/sub-concessionaires, in a December 2016 response to a legislator\u2019s written interpellation, the former Gaming Inspection and Coordination Bureau (DICJ) Director says otherwise, acknowledging \u201cthere is no legal provision, in effect, that requires that the hiring of all casino employees be done solely by the respective concessionaire/sub-concessionaire\u201d.) Let\u2019s see if \u2013 and how \u2013 legal engineering will manage to overcome the legal command, thus creating an implementation failure of the Gaming Law, with enforcement mechanisms failing to accomplish the policy goals due to ineffective oversight.
\n\n\n\nThe announced death of the \u201csatellite casinos\u201d will at least put an end to new embarrassments to the government, as was the case with the last one to open. Ending a moratorium imposed by the government in 2008, the opening of Casino Royal Dragon in September 2017 was surrounded by controversy due to statements made by the then DICJ director, who realized no request for opening that casino had been received, and the day before the opening said that there still was no authorization despite the inauguration being scheduled for noon the following day.
\n\n\n\nSecondly, it affects the \u201cself-promoted casinos\u201d, i.e., the casinos operated directly by a casino operator but located on properties owned by third parties (within their group of companies in the vast majority of the cases). Allied to the casino reversion mechanism and the intention to create a \u201cspecial premium\u201d in case the artificially set minimum gaming gross revenue to be generated by the gaming tables and machines is not met (which most probably will result in a considerable shrinkage of the number of the gaming tables and machines in operation), it will be exciting to see the casino operators concluding that no commercial sense exists in buying the property where the casino is located to then revert to the Macau SAR after a couple of years.
\n\n\n\nLastly, the measure also clashes with the (current 5) gaming machine halls located outside casinos, i.e., the \u201csatellite gaming machine halls\u201d in the wording of the 2016 Mid-term Review Report. I wonder if we will ever see STDM selling to Melco the Macau Tower’s unit where the Mocha Macau Tower operates. As no changes to the principle of the location of gaming machines inside casinos are envisaged, the rules set by the Gaming Machines Regulation to allow these halls to open outside casinos continue to be irreconcilable with the Gaming Law, and thus illegal. Moreover, it may finally allow the government to enforce the long overdue \u201cmain government action in the area of Economy and Finance\u201d announced in the Policy Address for 2015, \u201cto prevent problem gambling and the problem of the spread of gaming to residential zones, proactively removing gaming machine halls from residential zones.\u201d
\n\n\n\nMacau\u2019s first Chief Executive once said that \u201cgambling is a significant factor in the context of Macau’s economic development.\u201d Despite the merit that some measures have or may have, the current government, certainly continuing to \u201cstrengthen governance based on scientific principles\u201d (whatever these are…), proposes several amendments to the Gaming Law that will strangle Macau\u2019s golden goose, the one that represents almost 80 per cent (2019) of the Macau SAR revenues.
\n\n\n\nIs this the correct path for a city that claims to be international but where no Fortune 500 company has headquarters or offices, or that doesn’t appear in the (global) Startup Ranking, where the six poorest countries in the world are ranked with 47 startups together?
\n\n\n\nAs a friend put it, unfortunately, Macau has a business that it seems not to like! Popcorn time!
\n", "content_text": "Ant\u00f3nio Lobo Vilela\n\n\n\nAnt\u00f3nio Lobo Vilela is a Macau-based laywer and author of the Macau Gaming Law Book \n\n\n\n(www.macaugaminglaw.com)\n\n\n\n\n\n\n\nMacau Business | March 2022\n\n\n\nThe draft law proposal on the amendment to the Gaming Law submitted to the Legislative Assembly reaffirms the principle of the operation of games of chance confined to casinos (directly) owned by the casino operators, established in the casino concession and sub-concession contracts. \n\n\n\nThe only novelty is that no exception to this principle is admissible. The draft law proposal provides that in the event the current casino operators are \u201cawarded rights to operate casino games of chance,\u201d they may continue to operate such games on a property not owned by them for a (maximum) period of three years from the entry into force of the law amending the Gaming Law, and provided that the Chief Executive grants authorizations. \n\n\n\nThis rule is consistent with, among other things, the (newly announced) public policy of (1) downsizing Macau\u2019s gaming market, as stated in the proposed Article 1/2, subpar. 5 of the Gaming Law, and (2) prohibiting the sub-concessions, i.e., the \u201ctransfer, or assignment, in whole or in part, to a third party, of the right to operate casino games of chance, or the transfer, or assignment, in whole or in part, to a third party, of the concessionaire\u2019s legal rights and obligations related to gaming, or their contractual position as concessionaire,\u201d as per the proposed Article 7/3.\n\n\n\nThis measure will most certainly impact the already sluggish gaming gross revenues and have a materially adverse effect on the operation of some casino operators.\n\n\n\nFirstly, it directly hits the so-called \u201csatellite casinos\u201d i.e., the \u201cthird party promoted casinos,\u201d according to SJM\u2019s annual reports, or the \u201ccollaborative entities,\u201d in the wording of Article 5/4 of the draft law proposal. Out of the existing 42 casinos, 20 are \u201csatellite casinos\u201d (of which two are currently closed) operating under the umbrella of SJM, Galaxy, and Melco. \n\n\n\nAlthough the draft law proposal allows casino operators to enter into agreements with third parties concerning the management of \u201call or some of the concessionaire\u2019s casinos,\u201d it bans the possibility of gaming-revenue-sharing. This fact alone will sound the death knell of the \u201csatellite casinos,\u201d at least as they currently operate. As a consequence, it will increase the already high unemployment rate with the employees hired by the “collaborative entities.\u201d (Despite the Secretary for Economy and Finance mentioning that all are employees of the concessionaire/sub-concessionaires, in a December 2016 response to a legislator\u2019s written interpellation, the former Gaming Inspection and Coordination Bureau (DICJ) Director says otherwise, acknowledging \u201cthere is no legal provision, in effect, that requires that the hiring of all casino employees be done solely by the respective concessionaire/sub-concessionaire\u201d.) Let\u2019s see if \u2013 and how \u2013 legal engineering will manage to overcome the legal command, thus creating an implementation failure of the Gaming Law, with enforcement mechanisms failing to accomplish the policy goals due to ineffective oversight.\n\n\n\nThe announced death of the \u201csatellite casinos\u201d will at least put an end to new embarrassments to the government, as was the case with the last one to open. Ending a moratorium imposed by the government in 2008, the opening of Casino Royal Dragon in September 2017 was surrounded by controversy due to statements made by the then DICJ director, who realized no request for opening that casino had been received, and the day before the opening said that there still was no authorization despite the inauguration being scheduled for noon the following day. \n\n\n\nSecondly, it affects the \u201cself-promoted casinos\u201d, i.e., the casinos operated directly by a casino operator but located on properties owned by third parties (within their group of companies in the vast majority of the cases). Allied to the casino reversion mechanism and the intention to create a \u201cspecial premium\u201d in case the artificially set minimum gaming gross revenue to be generated by the gaming tables and machines is not met (which most probably will result in a considerable shrinkage of the number of the gaming tables and machines in operation), it will be exciting to see the casino operators concluding that no commercial sense exists in buying the property where the casino is located to then revert to the Macau SAR after a couple of years.\n\n\n\nLastly, the measure also clashes with the (current 5) gaming machine halls located outside casinos, i.e., the \u201csatellite gaming machine halls\u201d in the wording of the 2016 Mid-term Review Report. I wonder if we will ever see STDM selling to Melco the Macau Tower’s unit where the Mocha Macau Tower operates. As no changes to the principle of the location of gaming machines inside casinos are envisaged, the rules set by the Gaming Machines Regulation to allow these halls to open outside casinos continue to be irreconcilable with the Gaming Law, and thus illegal. Moreover, it may finally allow the government to enforce the long overdue \u201cmain government action in the area of Economy and Finance\u201d announced in the Policy Address for 2015, \u201cto prevent problem gambling and the problem of the spread of gaming to residential zones, proactively removing gaming machine halls from residential zones.\u201d\n\n\n\nMacau\u2019s first Chief Executive once said that \u201cgambling is a significant factor in the context of Macau’s economic development.\u201d Despite the merit that some measures have or may have, the current government, certainly continuing to \u201cstrengthen governance based on scientific principles\u201d (whatever these are…), proposes several amendments to the Gaming Law that will strangle Macau\u2019s golden goose, the one that represents almost 80 per cent (2019) of the Macau SAR revenues. \n\n\n\nIs this the correct path for a city that claims to be international but where no Fortune 500 company has headquarters or offices, or that doesn’t appear in the (global) Startup Ranking, where the six poorest countries in the world are ranked with 47 startups together?\n\n\n\nAs a friend put it, unfortunately, Macau has a business that it seems not to like! Popcorn time!", "date_published": "March 06, 2022", "date_modified": "May 31, 2022 - 11:46", "author": { "name": "Ant\u00f3nio Lobo Vilela", "url": "https://www.macaubusiness.com/author/avilela/", "avatar": "https://secure.gravatar.com/avatar/d2a8ffae8f0ca7337aa634d77eb3ce86?s=512&d=mm&r=g" }, "image": "https://hogo.sgp1.digitaloceanspaces.com/macaubusiness/wp-content/uploads/2022/03/AdobeStock_310497460_Editorial_Use_Only.jpg", "tags": [ "Macau", "Macau Business", "MAG", "MB", "MB Featured", "Opinion" ], "summary": "The draft law proposal on the amendment to the Gaming Law submitted to the Legislative Assembly reaffirms the principle of the operation of games of chance confined to casinos (directly) owned by the casino operators, established in the casino concession and sub-concession contracts. " }, { "id": "https://www.macaubusiness.com/opinion-the-chosen-one/", "url": "https://www.macaubusiness.com/opinion-the-chosen-one/", "title": "OPINION \u2013 The Chosen One", "content_html": "![\"\"](\"https://hogo.sgp1.digitaloceanspaces.com/macaubusiness/wp-content/uploads/2022/02/09139949-7942-416E-8E08-DE445B17723F-150x150.jpeg\")
\nBy Ant\u00f3nio Lobo Vilela
\n\n\n\nMacau-based lawyer and the author of the Macau Gaming Law Book (www.macaugaminglaw.com)
\n\n\n\nMacau Business | February 2022
\n\n\n\nThe Gaming Law, as in force, establishes the principle of delegation to a Managing Director (\u201cMD\u201d), whereby the management of the casino gaming operators is compulsory delegated to an MD.
Several qualifying conditions apply to the MD: be a Macau permanent resident, hold at least 10 per cent of the respective casino operator\u2019s share capital, be considered suitable (and remain suitable during his tenure), and not be impeded by not being, in particular, a worker of the Macau Special Administrative Region\u2019s Public Administration or a member of the Executive Council.
\n\n\n\nThe delegation and its terms are subject to prior authorization from the government under penalty of nullity.
\n\n\n\nAccording to the Explanatory Note to the gaming law draft proposal submitted in 2001 to the Legislative Assembly, the alternative to the principle of delegation to an MD was to provide for a \u201crestriction on the percentage of the share capital of the concessionaires operating casino games of chance to be held by shareholders, not resident in the Region.\u201d
\n\n\n\nDuring the presentation of the said proposal, the then Secretary for Economy and Finance stated at the Legislative Assembly that the government was \u201cconvinced that introducing a Managing Director who is a permanent resident will help to master the real and concrete situation of Macau gaming operators, and we [the government] can also be more convinced about the matter of management. In this way, we can provide greater support for the stability of this sector. (…) The 10 per cent share capital the Managing Director owns in the concessionaire (\u2026), in addition to the right to manage the concessionaire, should also influence the operation of the concessionaire. I believe that if s/he owns 10 per cent or more of the concessionaire\u2019s shares, the influence s/he has on the concessionaire is relatively tangible.\u201d
\n\n\n\nThe last 19 years showed the role of the MD was a flop since day one. Engaging a Macau permanent resident in the operation of the casino operators combining the \u201cright to manage\u201d with \u201can influence on the operation of the concessionaire (\u2026) relatively tangible\u201d by the 10 per cent of share capital owned was a goal never accomplished.
\n\n\n\nThe casino operators appointed an MD for the only reason that it is a legal requirement. All their by-laws (but one) create a special class of shares for the MD entitling MOP$1 as a maximum dividend (in one of the cases, to 0,0000000000000000001per cent of the profits distributed).
\n\n\n\nAside from being deprived of any economic interest in the company, MD voting rights are insufficient to influence the Board of directors\u2019 decisions.
\n\n\n\nThe recent draft law proposal on the amendments to the Gaming Law submitted to the Legislative Assembly keeps the figure of the MD precisely as is in existence, except for the increase \u2013 from 10 to 15 per cent \u2013 in the minimum participation in the share capital it must hold.
\n\n\n\nAccording to the Public Consultation Final Report, the increase in the share capital aims \u201cto encourage concessionaires to take root in Macau.\u201d
\n\n\n\nWe expect \u2013 and believe \u2013 the Macau government did its homework. Knowing the figure of the MD is a dead letter and not considering erasing it or allowing an MD to be a legal entity, the Macau government craves to rehabilitate such a figure. Otherwise, why bother to increase the share capital percentage if the MD will continue in name only?
\n\n\n\nAnd here is where the issue lies. At what price will the MD buy the minimum 15 per cent stake of the coming casino operator\u2019s share capital? What will serve as a price determination base? The casino operator\u2019s share capital or book value?
According to the draft law proposal, the new minimum casino operator’s share capital requirement is MOP 5 billion (fifty times the minimum share capital required for banks!). Let\u2019s assume the current casino operators will not decide to increase their share capital way beyond that figure by incorporating reserves, a realistic and sensible possibility.
\n\n\n\nBased on a MOP 5 billion share capital, 15 per cent corresponds to a modest amount of MOP$750 million. Who in Macau has that kind of money? Is there anyone willing to buy alone a minority stake in a casino operator when a downsize of the gaming industry is on the horizon? Or, having that kind of money, to be interested in playing MD when its voting rights are insufficient to influence the Board of directors’ decisions?
\n\n\n\nOr to be surprised at the end of the concession period with another aberrant amendment proposal to the Gaming Law providing s/he is jointly and severally liable for all company debts, including the gaming chips in circulation if the casino operator cannot secure a new concession? And is a purchase based on the casino operator\u2019s share capital consistent with the public listing and exchange requirements from the exchanges where the casino operator\u2019s dominant shareholders are listed?
\n\n\n\nTaking the casino operator\u2019s book value as the base, no individual in Macau would probably have that kind of money. To serve as an illustration, just find 15 per cent from MOP$53.5 billion, which is the amount of investment recognized by the government in the Mid-term Review as spent until 2016 by the sub-concessionaire Venetian Macau, and one will understand the amounts at stake.
\n", "content_text": "By Ant\u00f3nio Lobo Vilela \n\n\n\nMacau-based lawyer and the author of the Macau Gaming Law Book (www.macaugaminglaw.com)\n\n\n\nMacau Business | February 2022\n\n\n\nThe Gaming Law, as in force, establishes the principle of delegation to a Managing Director (\u201cMD\u201d), whereby the management of the casino gaming operators is compulsory delegated to an MD. \n\n\n\nSeveral qualifying conditions apply to the MD: be a Macau permanent resident, hold at least 10 per cent of the respective casino operator\u2019s share capital, be considered suitable (and remain suitable during his tenure), and not be impeded by not being, in particular, a worker of the Macau Special Administrative Region\u2019s Public Administration or a member of the Executive Council. \n\n\n\nThe delegation and its terms are subject to prior authorization from the government under penalty of nullity.\n\n\n\nAccording to the Explanatory Note to the gaming law draft proposal submitted in 2001 to the Legislative Assembly, the alternative to the principle of delegation to an MD was to provide for a \u201crestriction on the percentage of the share capital of the concessionaires operating casino games of chance to be held by shareholders, not resident in the Region.\u201d\n\n\n\nDuring the presentation of the said proposal, the then Secretary for Economy and Finance stated at the Legislative Assembly that the government was \u201cconvinced that introducing a Managing Director who is a permanent resident will help to master the real and concrete situation of Macau gaming operators, and we [the government] can also be more convinced about the matter of management. In this way, we can provide greater support for the stability of this sector. (…) The 10 per cent share capital the Managing Director owns in the concessionaire (\u2026), in addition to the right to manage the concessionaire, should also influence the operation of the concessionaire. I believe that if s/he owns 10 per cent or more of the concessionaire\u2019s shares, the influence s/he has on the concessionaire is relatively tangible.\u201d\n\n\n\nThe last 19 years showed the role of the MD was a flop since day one. Engaging a Macau permanent resident in the operation of the casino operators combining the \u201cright to manage\u201d with \u201can influence on the operation of the concessionaire (\u2026) relatively tangible\u201d by the 10 per cent of share capital owned was a goal never accomplished. \n\n\n\nThe casino operators appointed an MD for the only reason that it is a legal requirement. All their by-laws (but one) create a special class of shares for the MD entitling MOP$1 as a maximum dividend (in one of the cases, to 0,0000000000000000001per cent of the profits distributed).\n\n\n\nAside from being deprived of any economic interest in the company, MD voting rights are insufficient to influence the Board of directors\u2019 decisions.\n\n\n\nThe recent draft law proposal on the amendments to the Gaming Law submitted to the Legislative Assembly keeps the figure of the MD precisely as is in existence, except for the increase \u2013 from 10 to 15 per cent \u2013 in the minimum participation in the share capital it must hold. \n\n\n\nAccording to the Public Consultation Final Report, the increase in the share capital aims \u201cto encourage concessionaires to take root in Macau.\u201d\n\n\n\nWe expect \u2013 and believe \u2013 the Macau government did its homework. Knowing the figure of the MD is a dead letter and not considering erasing it or allowing an MD to be a legal entity, the Macau government craves to rehabilitate such a figure. Otherwise, why bother to increase the share capital percentage if the MD will continue in name only?\n\n\n\nAnd here is where the issue lies. At what price will the MD buy the minimum 15 per cent stake of the coming casino operator\u2019s share capital? What will serve as a price determination base? The casino operator\u2019s share capital or book value?\n\n\n\nAccording to the draft law proposal, the new minimum casino operator’s share capital requirement is MOP 5 billion (fifty times the minimum share capital required for banks!). Let\u2019s assume the current casino operators will not decide to increase their share capital way beyond that figure by incorporating reserves, a realistic and sensible possibility. \n\n\n\nBased on a MOP 5 billion share capital, 15 per cent corresponds to a modest amount of MOP$750 million. Who in Macau has that kind of money? Is there anyone willing to buy alone a minority stake in a casino operator when a downsize of the gaming industry is on the horizon? Or, having that kind of money, to be interested in playing MD when its voting rights are insufficient to influence the Board of directors’ decisions? \n\n\n\nOr to be surprised at the end of the concession period with another aberrant amendment proposal to the Gaming Law providing s/he is jointly and severally liable for all company debts, including the gaming chips in circulation if the casino operator cannot secure a new concession? And is a purchase based on the casino operator\u2019s share capital consistent with the public listing and exchange requirements from the exchanges where the casino operator\u2019s dominant shareholders are listed?\n\n\n\nTaking the casino operator\u2019s book value as the base, no individual in Macau would probably have that kind of money. To serve as an illustration, just find 15 per cent from MOP$53.5 billion, which is the amount of investment recognized by the government in the Mid-term Review as spent until 2016 by the sub-concessionaire Venetian Macau, and one will understand the amounts at stake.", "date_published": "February 06, 2022", "date_modified": "May 31, 2022 - 11:50", "author": { "name": "Ant\u00f3nio Lobo Vilela", "url": "https://www.macaubusiness.com/author/avilela/", "avatar": "https://secure.gravatar.com/avatar/d2a8ffae8f0ca7337aa634d77eb3ce86?s=512&d=mm&r=g" }, "image": "https://hogo.sgp1.digitaloceanspaces.com/macaubusiness/wp-content/uploads/2022/02/09139949-7942-416E-8E08-DE445B17723F.jpeg", "tags": [ "Macau", "Macau Business", "MAG", "MNA", "Opinion" ], "summary": "The Gaming Law, as in force, establishes the principle of delegation to a Managing Director (\u201cMD\u201d), whereby the management of the casino gaming operators is compulsory delegated to an MD. \n" }, { "id": "https://www.macaubusiness.com/opinion-back-to-the-70s/", "url": "https://www.macaubusiness.com/opinion-back-to-the-70s/", "title": "OPINION \u2013 Back to the 70s", "content_html": "![\"\"](\"https://hogo.sgp1.digitaloceanspaces.com/macaubusiness/wp-content/uploads/2022/01/St-Paul-ruin-150x150.jpg\")
\nBy Ant\u00f3nio Lobo Vilela
\n\n\n\nLawyer based in Macau and the author of the Macau Gaming Law Book (www.macaugaminglaw.com)
\n\n\n\nMacau Business | January 2022
As I explain in my book, \u201cthe gaming promoters, also known as \u201cjunkets\u201d, appeared in Macau in the 1980s, when the most significant marketing policy of the STDM consisted of making travel arrangements for high-rollers to come to play at their casinos.
\n\n\n\nTo benefit, in particular, from the right to travel to and from Macau and stay in Macau, the high-rollers acquired special gaming chips (called ‘junket chips’ or ‘dead chips’) that were characterized by not being directly redeemable in cash, that is, they were intended to be used for playing and prizes paid in regular gaming chips or directly refundable in cash. These special gaming chips were purchased through agents who organized the trips, who were paid through commissions on the number of gaming chips sold (averaging about 1.25%).
\n\n\n\nTo implement such a marketing policy, the STDM created a special room at the Casino Lisboa aimed at high-rollers, where the minimum limits of bets at the gaming tables were considerably higher, and chose a significant number of agents to organize those trips (mostly Thais, since it was from Thailand that most of the high-rollers came), to whom different color gaming chips were given to enable the calculation of the commissions due at the end. Most of these agents were businessmen who frequented Macau casinos and therefore enjoyed some credibility with the concessionaire.
\n\n\n\nThe success of this initiative was considerable and led to an increase not only in agents but also gaming tables allocated to high-rollers (from 3 to 11) and, in 1988, the opening of two new special rooms at the Casino Lisboa (the Diamond Room and the Peacock Room), this time with the management of activity in each of them entrusted to two of the most outstanding agents. The results achieved with these new rooms led to the emergence of proposals from other agents for the allocation of rooms, which was followed by the opening of over 40 special rooms in various casinos in Macau during the 1990s.\u201d
\n\n\n\nThe activity of promoting casino games of chance is regulated, for the first time, by Administrative Regulation No. 6/2002, of 1 April. The regulatory option was intimately tied, on the one hand, to the importance of this activity to Macau\u2019s economy (particularly in terms of turnover) which, until that time, has been done informally without regulations, with the complacency or tolerance of regulatory authorities. On the other hand, it is also tied to the goals of the Macau Gaming Law to ensure \u201c[t]hat those involved in (…) operating casino games of chance are suitable to the performance of these functions and assumption of these responsibilities\u201d and that \u201ccasino games of chance operate and function (…) free from criminal influence\u201d (see Article 1(2), subparagraphs 2) and 3)).
\n\n\n\nThe boom of the Macau casino industry stems from the sophistication of the junket operation allied to the growth of visitors from Mainland China. In 2002, the VIP Baccarat accounted for 73.7 percent of the GGR, reached its peak in 2003 (77.4 percent), and started to decline from 2017, accounting for less than 50 percent for the first time in 2019.
\n\n\n\n![\"\"](\"https://hogo.sgp1.digitaloceanspaces.com/macaubusiness/wp-content/uploads/2022/01/%E5%B1%8F%E5%B9%95%E6%88%AA%E5%9B%BE-2022-01-08-040214.png\")
The imbroglio that the gaming promotion finds itself in is pushing the gaming promoters out of the gaming ecosystem. Unless they explore new/old avenues to find wealthy players from other geographies, VIP gaming will barely survive. Premium mass-market gaming will likely follow the trend (who will be collecting the gaming debts?). The mass-market gaming will always continue to depend on the greater or lesser indulgence of the Mainland authorities in allowing a considerable number of its citizens to visit Macau. As a friend of mine put it smartly, Macau will cease to have gaming and only have children\u2019s games.
\n\n\n\nThe agonizing gaming promotion activity associated with to an increase in the unemployment rate almost on a daily basis, the unsustainable government\u2019s persistence on the COVID-zero policy – when not accompanied by an effective vaccination campaign – and the Court of Final Appeal’s ruling confirming the Court of Second Instance\u2019s decision that gaming operators are jointly and severally liable for the repayment of the funds on deposit with gaming promoters will have a snowball effect in sinking the fragile and governmental-subsidy-dependent, SMEs-based socio-economic fabric.”
\n\n\n\nA return to the 1970s is on the horizon!
\n\n\n\nBut why worry?
\n\n\n\nAs sagely stated by the Secretary for Economy and Finance, the local gaming sector is moving towards a \u201chealthy and sustainable development\u201d (whatever that means\u2026). The government\u2019s very sensible and no less Orwellian announced policy to attract talent to build a more diversified local economy by bringing loads of Nobel Prize laureates and Olympic-medal-winners may be the way to go. They will be eager to settle down in a city stepping back in time, probably not to help in the diversification work but to build an economy from scratch.
\n\n\n\nIndeed, when one doesn\u2019t have or lose the sense of reality, the sky is the limit!
\n", "content_text": "By Ant\u00f3nio Lobo Vilela \n\n\n\nLawyer based in Macau and the author of the Macau Gaming Law Book (www.macaugaminglaw.com)\n\n\n\nMacau Business | January 2022\n\n\n\n\n\n\n\nAs I explain in my book, \u201cthe gaming promoters, also known as \u201cjunkets\u201d, appeared in Macau in the 1980s, when the most significant marketing policy of the STDM consisted of making travel arrangements for high-rollers to come to play at their casinos. \n\n\n\nTo benefit, in particular, from the right to travel to and from Macau and stay in Macau, the high-rollers acquired special gaming chips (called ‘junket chips’ or ‘dead chips’) that were characterized by not being directly redeemable in cash, that is, they were intended to be used for playing and prizes paid in regular gaming chips or directly refundable in cash. These special gaming chips were purchased through agents who organized the trips, who were paid through commissions on the number of gaming chips sold (averaging about 1.25%). \n\n\n\nTo implement such a marketing policy, the STDM created a special room at the Casino Lisboa aimed at high-rollers, where the minimum limits of bets at the gaming tables were considerably higher, and chose a significant number of agents to organize those trips (mostly Thais, since it was from Thailand that most of the high-rollers came), to whom different color gaming chips were given to enable the calculation of the commissions due at the end. Most of these agents were businessmen who frequented Macau casinos and therefore enjoyed some credibility with the concessionaire.\n\n\n\nThe success of this initiative was considerable and led to an increase not only in agents but also gaming tables allocated to high-rollers (from 3 to 11) and, in 1988, the opening of two new special rooms at the Casino Lisboa (the Diamond Room and the Peacock Room), this time with the management of activity in each of them entrusted to two of the most outstanding agents. The results achieved with these new rooms led to the emergence of proposals from other agents for the allocation of rooms, which was followed by the opening of over 40 special rooms in various casinos in Macau during the 1990s.\u201d\n\n\n\nThe activity of promoting casino games of chance is regulated, for the first time, by Administrative Regulation No. 6/2002, of 1 April. The regulatory option was intimately tied, on the one hand, to the importance of this activity to Macau\u2019s economy (particularly in terms of turnover) which, until that time, has been done informally without regulations, with the complacency or tolerance of regulatory authorities. On the other hand, it is also tied to the goals of the Macau Gaming Law to ensure \u201c[t]hat those involved in (…) operating casino games of chance are suitable to the performance of these functions and assumption of these responsibilities\u201d and that \u201ccasino games of chance operate and function (…) free from criminal influence\u201d (see Article 1(2), subparagraphs 2) and 3)). \n\n\n\nThe boom of the Macau casino industry stems from the sophistication of the junket operation allied to the growth of visitors from Mainland China. In 2002, the VIP Baccarat accounted for 73.7 percent of the GGR, reached its peak in 2003 (77.4 percent), and started to decline from 2017, accounting for less than 50 percent for the first time in 2019.\n\n\n\n\n\n\n\nThe imbroglio that the gaming promotion finds itself in is pushing the gaming promoters out of the gaming ecosystem. Unless they explore new/old avenues to find wealthy players from other geographies, VIP gaming will barely survive. Premium mass-market gaming will likely follow the trend (who will be collecting the gaming debts?). The mass-market gaming will always continue to depend on the greater or lesser indulgence of the Mainland authorities in allowing a considerable number of its citizens to visit Macau. As a friend of mine put it smartly, Macau will cease to have gaming and only have children\u2019s games.\n\n\n\nThe agonizing gaming promotion activity associated with to an increase in the unemployment rate almost on a daily basis, the unsustainable government\u2019s persistence on the COVID-zero policy – when not accompanied by an effective vaccination campaign – and the Court of Final Appeal’s ruling confirming the Court of Second Instance\u2019s decision that gaming operators are jointly and severally liable for the repayment of the funds on deposit with gaming promoters will have a snowball effect in sinking the fragile and governmental-subsidy-dependent, SMEs-based socio-economic fabric.”\n\n\n\nA return to the 1970s is on the horizon!\n\n\n\nBut why worry?\n\n\n\nAs sagely stated by the Secretary for Economy and Finance, the local gaming sector is moving towards a \u201chealthy and sustainable development\u201d (whatever that means\u2026). The government\u2019s very sensible and no less Orwellian announced policy to attract talent to build a more diversified local economy by bringing loads of Nobel Prize laureates and Olympic-medal-winners may be the way to go. They will be eager to settle down in a city stepping back in time, probably not to help in the diversification work but to build an economy from scratch.\n\n\n\nIndeed, when one doesn\u2019t have or lose the sense of reality, the sky is the limit!", "date_published": "January 08, 2022", "date_modified": "May 31, 2022 - 11:47", "author": { "name": "Ant\u00f3nio Lobo Vilela", "url": "https://www.macaubusiness.com/author/avilela/", "avatar": "https://secure.gravatar.com/avatar/d2a8ffae8f0ca7337aa634d77eb3ce86?s=512&d=mm&r=g" }, "image": "https://hogo.sgp1.digitaloceanspaces.com/macaubusiness/wp-content/uploads/2022/01/St-Paul-ruin.jpg", "tags": [ "Macau", "Macau Business", "MAG", "MB", "MB Featured", "Opinion" ], "summary": "As I explain in my book, \u201cthe gaming promoters, also known as \u201cjunkets\u201d, appeared in Macau in the 1980s, when the most significant marketing policy of the STDM consisted of making travel arrangements for high-rollers to come to play at their casinos. " }, { "id": "https://www.macaubusiness.com/opinion-pandoras-box/", "url": "https://www.macaubusiness.com/opinion-pandoras-box/", "title": "OPINION \u2013 Pandora\u2019s box", "content_html": "![\"\"](\"https://mbusiness.sgp1.digitaloceanspaces.com/2017/01/chips-150x150.jpg\")
\nMacau Business | December 2021
\n\n\n\nBy Ant\u00f3nio Lobo Vilela
\n\n\n\nLike any other, Macau’s gaming ecosystem also has vulnerabilities, some internal, others external.
The recent ‘Dore case’ in which the Court of Final Appeal’s ruling confirmed the Court of Second Instance\u2019s decision that gaming operators are jointly and severally liable for the repayment of the funds on deposit with gaming promoters uncovered an internal system flaw and opened a Pandora’s box.
We agree with the direction of the Court of Second Instance\u2019s decision. To quote ourselves, casino operators are the “best positioned entities, for reasons of physical proximity, to, firstly, supervise the ‘activities carried out in casinos’ by gaming promoters.” Based on the system that applies to (horseracing) bookies, the current ‘exclusive (civil) imputability system’ for casino operators results from culpa in eligendo, entailing a poor choice related to the gaming promoter whose registry for the exercising of the activity was accepted, or from culpa in vigilando, for the failure to supervise the ‘activities carried out in casinos’ by the gaming promoter.”[i]
The decision is “crucial to the Macanese gaming ecosystem and the way it is structured,”[ii] although the extent of the problem cannot be immediately identified, as no numbers exist on the funds on deposit with gaming promoters.
What lessons can be learned from the Court’s decision?
Firstly, the operation of independent cages by gaming promoters should be addressed and rethought by the Macau government, pondering whether all transactions conducted should be solely under the purview and control of the casino operator.
Secondly, the Gaming Inspection and Coordination Bureau (DICJ) should be (by far much more) proactive and imprint more stringency to the enforcement expected from the governmental agency “responsible for (\u2026) the regulation, supervision, and coordination of gaming operations and gaming activities.” Several \u2018gaming promoters heist\u2019 happened and since at least 2014 that DICJ voiced that the reception of funds in deposit in the VIP rooms “is an activity carried out by those who are not specifically authorized to do so, and as such, it is illegal.”
\n\n\n\nThirdly, the legal and regulatory framework should be a living structure that evolves and not something to keep crystallized. More than ever, the (several times) announced deep-drive review of the gaming promotion regulations is of utmost importance.
Lastly, a reshape in the relationship between casino operators and gaming promoters is needed, as latent financial risks may outweigh the perceived profitability of VIP gaming. Casino operators must be firmer in enforcing overseeing the gaming promoters registered with them, namely imposing minimum internal control rules or compliance policies. Moreover, contracts with the gaming promoters shall be more detailed to include indemnity clauses against illegal activities, and require specific types of guarantees or the creation of mandatory cash provisions.
The People\u2019s Republic of China’s (PRC) in considering cracking down on capital flows by broadening restrictions on offshore gambling, which, in conjunction with the COVID-19 pandemic (aggravated by Macau authorities’ persistence with the COVID-zero policy), put and definitely will continue to put strain on the decadent (but still significant in terms of gross gaming revenue generated) VIP gaming segment. The recent arrest warrant issued to the founder and CEO of Suncity Group by PRC’s Wenzhou Prosecution’s Office over alleged cross-border gambling activities is a new setback whose proportions only time will tell.
All these externalities mixed together make the perfect blend that can ultimately lead to the need to remake Macau’s gaming industry from scratch.
Considering the fewer than ever references in the 109.000-plus-word Policy Address for 2022 Report to the words \u2018casino\u2019 (14, not including the 4 times it was used in Gaming Law\u2019s full name), and \u2018gaming\u2019 (50, not including the 7 times it was used in DICJ\u2019s name), one may wonder if Macau’s gaming industry is really too big to fail and too important to be gambled with?
[i]Macau Gaming Law, Annotated with Comments, Volume III, p. 274.
\n\n\n\n[ii]SeeAnt\u00f3nio Lobo Vilela, The liability of Macau casino operators for the activity rendered inside casinos by gaming promoters (junkets) \u2013 An update on the current litigation, Gaming Law Review, March 2021, 66-75.
\n", "content_text": "Macau Business | December 2021\n\n\n\nBy Ant\u00f3nio Lobo Vilela\n\n\n\nLike any other, Macau’s gaming ecosystem also has vulnerabilities, some internal, others external.The recent ‘Dore case’ in which the Court of Final Appeal’s ruling confirmed the Court of Second Instance\u2019s decision that gaming operators are jointly and severally liable for the repayment of the funds on deposit with gaming promoters uncovered an internal system flaw and opened a Pandora’s box.\n\n\n\nAnt\u00f3nio Lobo Vilela is a lawyer based in Macau and the author of the Macau Gaming Law Book www.macaugaminglaw.com\n\n\n\nWe agree with the direction of the Court of Second Instance\u2019s decision. To quote ourselves, casino operators are the “best positioned entities, for reasons of physical proximity, to, firstly, supervise the ‘activities carried out in casinos’ by gaming promoters.” Based on the system that applies to (horseracing) bookies, the current ‘exclusive (civil) imputability system’ for casino operators results from culpa in eligendo, entailing a poor choice related to the gaming promoter whose registry for the exercising of the activity was accepted, or from culpa in vigilando, for the failure to supervise the ‘activities carried out in casinos’ by the gaming promoter.”[i] The decision is “crucial to the Macanese gaming ecosystem and the way it is structured,”[ii] although the extent of the problem cannot be immediately identified, as no numbers exist on the funds on deposit with gaming promoters.What lessons can be learned from the Court’s decision?Firstly, the operation of independent cages by gaming promoters should be addressed and rethought by the Macau government, pondering whether all transactions conducted should be solely under the purview and control of the casino operator.\n\n\n\nSecondly, the Gaming Inspection and Coordination Bureau (DICJ) should be (by far much more) proactive and imprint more stringency to the enforcement expected from the governmental agency “responsible for (\u2026) the regulation, supervision, and coordination of gaming operations and gaming activities.” Several \u2018gaming promoters heist\u2019 happened and since at least 2014 that DICJ voiced that the reception of funds in deposit in the VIP rooms “is an activity carried out by those who are not specifically authorized to do so, and as such, it is illegal.”\n\n\n\nThirdly, the legal and regulatory framework should be a living structure that evolves and not something to keep crystallized. More than ever, the (several times) announced deep-drive review of the gaming promotion regulations is of utmost importance.Lastly, a reshape in the relationship between casino operators and gaming promoters is needed, as latent financial risks may outweigh the perceived profitability of VIP gaming. Casino operators must be firmer in enforcing overseeing the gaming promoters registered with them, namely imposing minimum internal control rules or compliance policies. Moreover, contracts with the gaming promoters shall be more detailed to include indemnity clauses against illegal activities, and require specific types of guarantees or the creation of mandatory cash provisions.The People\u2019s Republic of China’s (PRC) in considering cracking down on capital flows by broadening restrictions on offshore gambling, which, in conjunction with the COVID-19 pandemic (aggravated by Macau authorities’ persistence with the COVID-zero policy), put and definitely will continue to put strain on the decadent (but still significant in terms of gross gaming revenue generated) VIP gaming segment. The recent arrest warrant issued to the founder and CEO of Suncity Group by PRC’s Wenzhou Prosecution’s Office over alleged cross-border gambling activities is a new setback whose proportions only time will tell. All these externalities mixed together make the perfect blend that can ultimately lead to the need to remake Macau’s gaming industry from scratch.Considering the fewer than ever references in the 109.000-plus-word Policy Address for 2022 Report to the words \u2018casino\u2019 (14, not including the 4 times it was used in Gaming Law\u2019s full name), and \u2018gaming\u2019 (50, not including the 7 times it was used in DICJ\u2019s name), one may wonder if Macau’s gaming industry is really too big to fail and too important to be gambled with?\n\n\n\n\n\n\n\n[i]Macau Gaming Law, Annotated with Comments, Volume III, p. 274.\n\n\n\n[ii]SeeAnt\u00f3nio Lobo Vilela, The liability of Macau casino operators for the activity rendered inside casinos by gaming promoters (junkets) \u2013 An update on the current litigation, Gaming Law Review, March 2021, 66-75.", "date_published": "December 02, 2021", "date_modified": "May 31, 2022 - 11:49", "author": { "name": "Ant\u00f3nio Lobo Vilela", "url": "https://www.macaubusiness.com/author/avilela/", "avatar": "https://secure.gravatar.com/avatar/d2a8ffae8f0ca7337aa634d77eb3ce86?s=512&d=mm&r=g" }, "image": "https://mbusiness.sgp1.digitaloceanspaces.com/2017/01/chips.jpg", "tags": [ "Macau", "Macau Business", "MAG", "MAG Featured", "Opinion" ], "summary": "The recent 'Dore case' in which the Court of Final Appeal's ruling confirmed the Court of Second Instance\u2019s decision that gaming operators are jointly and severally liable for the repayment of the funds on deposit with gaming promoters uncovered an internal system flaw and opened a Pandora's box." } ] }