Macau’s new “Law to combat illegal gambling crimes” has been passe by the Legislative Assembly (AL) and will now be subject to discussion by the AL’s subcommittee.
The new law was first announced by the Macau Executive Council on 11 December last year and aims to comprehensively regulate the illegal operation of gaming, mutual betting, online gambling and the authorization of illegal borrowing for gambling purposes.
There are also provisions in the law that target “betting under the table”, which was a central component of recent court cases against former Suncity Group CEO Alvin Chau and Tak Chun Group’s Levo Chan.
“Anyone involved in the unauthorized operation of gambling, including those who use the results of betting in casinos to operate illegal gambling, will be sentenced to imprisonment of between one and eight years,” the law states.
Although the law was passed unanimously, quite a few members raised questions about the law – specifically a clause that states if a crime of illegal operation of gambling, mutual betting or online gambling is suspected of being committed, investigating officers may enter the home of the person under investigation without any limits on timing in order to search for evidence.
According to the first point of Article 162 of The Code of Criminal Procedure, a search of a person’s home shall not be conducted between 9 pm and 7am except with the consent of the person concerned. However, the “Law on Combating Illegal Gambling Crimes” appears to override this requirement.
Some AL members pointed out that the provision in The Code of Criminal Procedure is based on a human rights condition, then this law is a breach of human rights.
The new law also introduces “undercover investigations”. Some members queried the fact that there are no undercover investigations for offences such as drug trafficking or organized crime, yet illegal gambling offences would now allow for the introduction of undercover agents.
The Secretary for Administration and Justice, Cheong Weng Chon, said the law was specifically designed to provide unique regulations.
“The old Illegal gambling law came into effect in 1996, and it is completely different from the current law, including online gambling,” he said. “We want to combat illegal behavior through this law.”
Cheong Weng added that with the changing of the times, the means in which gambling crimes are committed have become more complicated, and law enforcement officers have therefore been constrained by the law in combating these crimes.
He also mentioned that law enforcement agencies faced some difficulties while investigating the Suncity and Tak Chun cases.
“We hope that under the principle of not violating the law, we can set up some specialized legal means so that the law enforcement departments can have more means to enforce the law and make it more convenient for them to search for evidence,” he said.
In terms of conducting searches at any time of day or night, he added, “There is no time limit on the conduct of illegal gambling, whether it is on the internet or in other entities.
“This is different from drug trafficking. Gambling has its own uniqueness, which makes it necessary for law enforcement.”
