Inside Asian Gaming

INSIDE ASIAN GAMING OCTOBER 2018 30 COLUMNISTS And why not be able to gamble? And how is the enforcement going to be made? How to control those employees’ work schedules? Why is the law assuming, or presuming, that such an employee is more prone to have a gambling disorder than a lawyer such as myself who works for this industry? Any unjustified intrusion or limitation to one’s personal freedom should be very well justified as it contends with a fundamental right specifically provided for under Macau Basic Law. Instead of imposing a harm- minimization measure – full entry ban – the focus should continue to be directed onto awareness and training. Informed choice should prevail and the casino employees should retain the ability to decide whether and how they intend to gamble. The smoking ban, not being a harm- minimization measure but rather a measure of public health, is used by governments in several jurisdictions to complement RG policies. Following a first, very restrictive approach where smoking was not allowed on main gaming floors but only in specific areas (VIP rooms included), from 1 January 2019 a full smoking ban will be enacted within casinos except for approved smoking lounges (where gambling is forbidden). Macau shouldn’t be so hard on itself! It has been a good RG student and does not need to push the threshold of its RG policies to the limits. It’s a rule of thumb within this industry that, from the moment any RG limitation is put forward, it is highly unlikely to ever be reversed. Despite our criticism above, Macau (and its stakeholders) should be well aware of what has been achieved in such a short period of time. Even though there is still a long way to go, RG is a reality within the territory and it is here to stay. Now it is time for the policies to focus outside. As Professor Davis Fong very recently stated, “Helping tourists who may need assistance in fighting gambling addiction is now a key focus of the government.” It is now time to slowly shift the RG policy focus from the Macau resident to the real customer of our casinos – the mainland China player. Since more than 80% of Macau visitors are from the mainland and given that Macau is an integrated part of China, it cannot wash its hands and simply “export” its gambling disorder individuals and their associated problems. Macau should aim high in terms of RG, should be a beacon and an example to be followed, especially throughout the emerging gaming markets within Asia. It is in a special position to understand and study its customer – the Chinese gambler – and their respective idiosyncrasies and to create its own set of rules (why not an RG Code of Conduct; why not RG taught in schools; why not a wider focus on corporate social responsibility measures?), bearing in mind all the specificities of its gaming sector rather than just following international directives. Such directives may be important as minimum standards of guarantee and prevention but they cannot take the place of a more profound reflection by Macau stakeholders on its own reality and its own particular set of problems. 1 According to the Central Registry System of Problem Gamblers 2017 Annual Report Summary, from the total number of individuals requesting assistance in 2017 due to Gambling Disorder, more than 10% were casino dealers, there being no specific reference to any other kind of casino worker request for assistance. 2 We note however that RGAR Survey points out that gaming employees’ knowledge on gambling disorder has still to be improved.