Law professor indicates ambiguity in gaming concession regulation

Yesterday, the University of Macau held the 11th International Conference on the Legal Reforms of Macau in the Global Context.

During the morning, two sessions took place: one on the Macau model of operation of games of chance in casinos, and another on the Portugal and Macau models of operation of games of chance in casinos.

João Pacheco Amorim, assistant professor from the Faculty of Law of the University of Porto, gave a talk on the Legal Framework for the Concessions and Sub Concessions of the Operation of Games of Chance in the Macau Legal System.

The Portuguese law professor had doubts about a specific regulation written in Macau’s gaming concession law.

“There is a possibility left open by article 32 that the rules presented by the government can be changed for public necessities. But this openness that the law allows increases my doubts for the regulation. Why should you have a regulation and be able to change it midway?” asked João Pacheco, whose talk was simultaneously interpreted from Portuguese to English by a translator.

“There is a principle of not changing the regulation presented initially, of course. […] Even if the law does not mention [what kind of change it should be], [the change] is a very grey area. The regulation can’t go against the main principle, [and the regulations] can’t go against the principle of law,” said João Pacheco. “However, I feel that [this specific regulation] does [go against the principle of law].”
“The negotiations of the entities of the tenders are not limited [according to the regulation]. We can have negotiation at any time; the regulation seems very vague. The principles of fair competition are questionable,” the law professor pointed out.

“The negotiation is [related] to public interests, and it is very important. But at the same time, we are questioning the principles,” said João Pacheco, “if allowing negotiation throughout the process, then why the evaluation?”

Another speaker, Ricardo Siu, associate professor from the Institute for the Study of Commercial Gaming of the University of Macau, believes that “the government is very clear about future gaming concessions having to comply with Macau’s development as a world tourism and leisure center, and it will consider Macau’s competencies. Compared to 2004, the government is now paying more attention to the improvement of laws and regulations.”

Furthermore, Siu also believes that it is better for the local government to extend the concessions of the concerned gaming operators until 2022 to allow all gaming operators to bid for the concessions at the same time.

The professor believes that the Macau government will consider, during the next gaming concession, the ratio between foreign and local gaming operators.