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ADMINISTRATIVE LAW ISSUES In the Macau SAR, the regulation of gaming is premised on administrative law concepts which are similar to other civil law jurisdictions. From the perspective of administrative law, gaming is based on the concept of administrative concessions (and sub-concessions), supervision of concessionaires, and powers of government intervention. Gaming law in Macau is currently being reformed. Immediately after the transfer of sovereignty the Government of the Macau SAR has embarked in a major overhaul of the gaming sector, by opening the sector to various operators so as to generate competition. This has meant the granting of various concessions and subconcessions to operators other than the historical operator, STDM/SJM (see Law no. 16/2001, of September 24). As a result, there are currently six concessions and subconcessions of casino games of fortune: Sociedade de Jogos de Macau (known as SJM; headed by Stanley Ho ); Galaxy Casino (a subsidiary of Galaxy Entertainment Group, from Hong Kong); Wynn Resorts (of Steve Wynn); Venetian Macau (Sheldon Adelson); a partnership of MGM with Pansy Ho (daughter of Stanley Ho ); and a partnership of Melco and PBL of Australia. There are also concessions for Pari-mutuels (horse and dog racing), Lotteries and Sports Betting . Each of these operators has signed a concession contract with the Macau SAR; the text of such contracts can be seen in the website of the Macau Gaming Inspection (see links below). Regarding gaming promoters, from an administrative law perspective the prime issue is their licensing and regulation, which was initiated in 2002. Gaming promoters are subject to a licensing system rather than to a system of concessions. The main applicable law is Administrative Regulation no. 6/2002. Lists of gaming promoters currently authorized are available in the website of the Macau Gaming Inspection (see links below). COMPANY LAW ISSUES From the perspective of company law, gaming concessionaires must be public companies, to which special rules apply, in addition to the general rules stated in the Macau Commercial Code 1999, as amended. There are also specific company law rules related to gaming promoters. TAX LAW ISSUES From the perspective of tax law, the key issue is the taxation of concessionaires; in Macau, if falls on the gross gaming revenue, and is currently of nearly 40%. Gaming promoters pay taxes on commissions received. CONTRACT LAW ISSUES From the perspective of contract law, gaming and betting are contracts which may of may not generate civil or natural obligations for the parties. The matter is regulated in the Civil Code 1999 (art. 1171), which states, drawing from Roman law, that gaming and betting generate natural obligations except in sports competititions and where the law provides otherwise. The problem is that gaming legislation currently does not provide to this effect. Regarding credit for gaming, Macau law states since 2004 that the granting of credit for casino games of fortune generates civil obligations, which are fully enforceable in Macau courts. Credit for casino games of fortune is defined as any case where chips are passed on to a player without immediate cash payment of such chips; this is an intentionally broad concept. Credit for gaming is regulated by Law no. 5/2004, of June 14. CRIMINAL LAW ISSUES From the perspective of criminal law, there are specific criminal offences related to gaming (unlawful gaming, game cheating). In addition, general laws on the prevention and repression of Money Laundering through casinos apply. OTHER MATTERS Competition law matters, and advertising law, as well as the impact of WTO law on gaming, may also be pointed out as part of gaming law. SOURCES
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