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Report of the Law Reform Committee on Online Gaming and Singapore

Australia, using encryption, using anonymous proxy servers or assessing those sites that are not restricted.

123

In a draft report of the Productivity Commission dated October 2009,142

it was

observed that by outlawing the provision of online gaming, the effect has been to limit the development of online gambling in Australia. However there was significant spending offshore (estimated at 4% of the gambling expenditure), reflecting the fact the Australian Government is not able to effectively enforce a ban on foreign suppliers. The Productivity Commission, in its draft report, recommended the repeal of the IGA

and to allow online gambling, subject to a strict regime of consumer protection.

  • D.

    Hong Kong

    • (1)

      Introduction

124

Prior to the enactment of the Gambling (Amendment) Ordinance 2002,

Hong Kong policy makers became concerned with the increasing number of unauthorised offshore bookmakers taking bets from Hong Kong through IDD and the Internet, some of whom even openly and extensively promoted their business and offered betting-relating services in Hong Kong.143 The Gambling Ordinance was seen as being inadequate to deal with activities with an extraterritorial dimension, since the provisions in the Gambling Ordinance dealt with land-based gambling activities. The concern was that if actions were not taken, such activities would grow rapidly and the policy to restrict gambling opportunities to limited authorised outlets would be rendered largely ineffective. 144

125

Commentators have observed that, additionally, the Government had direct

financial interest in the gambling activities.145

The Hong Kong Jockey Club, is one of

the largest betting houses in the world. It was reported in 2003 that the Hong Kong Jockey Club has an annual betting turnover of $80bn and attracts some two million punters a year, and in fact, has the highest betting turnover per race in the world. However, it was also reported in 2003 that the Hong Kong Jockey Club had seen its profits being channelled out of town as its annual turnover had been slipping.147 It was 146

142 143

Productive Commission, Draft Report: Gambling (Draft) (October 2009).

Home Affairs Bureau, Gambling (Amendment) Ordinance 2002 (June 2002), available at http://www.hkce. com/standards/note2.htm.

144

Home Affairs Bureau, Gambling (Amendment) Ordinance 2002 (June 2002), available at http://www.hkce. com/standards/note2.htm.

145

See Rob Deans, “Legislative Developments in Hong Kong: The Hong Kong Jockey Club Fights Back”, 7 Gaming L Rev 323 (October 2003) at 323–327.

146

See Rob Deans, “Legislative Developments in Hong Kong: The Hong Kong Jockey Club Fights Back”, 7 Gaming L Rev 323 (October 2003) at 323–327.

147

See Rob Deans, “Legislative Developments in Hong Kong: The Hong Kong Jockey Club Fights Back”, 7 Gaming L Rev 323 (October 2003) at 323–327.

36

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