Judicial confirmation on status of casino workers will not result in retrospective appeals

Recent judicial confirmation that casino workers are not afforded the status of civil servants will not permit closed cases to be appealed, according to a lawyer cited by local media.

The courts were required to interpret a particular legal provision on crimes committed by casino workers. Two such workers were convicted of civil service embezzlement and abuse of trust respectively. Only civil servants can be convicted of civil service embezzlement.

In light of the situation, the Public Prosecutions Office (MP) then filed for an extraordinary appeal with the Court of Final Appeal.

The top court ruled that casino operations, despite being a legal oligopoly, do not constitute exclusive dealings. The law sets a ceiling on the number of licenses that can be issued for casino operations, and this is currently set at six.

Therefore, casino workers were not deemed to enjoy the status of civil servants.

Local Lawyer José Liu told local media Macao Daily News that the judgement does not allow those who have been previously convicted to appeal. It will only be binding over on-going or future legal procedures. He cited “mainstream legal opinions and Portuguese judicial interpretations” to support his view.

Meanwhile, the lawyer added that the judgement would be beneficial to future prosecutions and legal procedures, as it clarifies the position of the law and the courts’ interpretation thereof. For example, the police will have more certainty as to which charges to press against a suspect.

The lawyer also believes that the judgement will help clarify the legal position of bus companies and their employees. There have been debates on whether these companies should be considered to fall under these provisions because specific licenses are required.