PART I | Citation and commencement |
| 1. These Regulations may be cited as the Casino Control (Junkets) Regulations 2009 and shall come into operation on 31st December 2009. |
2.—(1) In these Regulations, unless the context otherwise requires —| “application” means an application for a junket promoter licence or a junket representative licence, and “applicant” shall be construed accordingly; [S 106/2012 wef 22/03/2012] |
| “endorsement”, in relation to a junket promoter, means an endorsement by a casino operator of the junket promoter, in accordance with the requirements in regulation 6(1)(d); [S 106/2012 wef 22/03/2012] |
| “junket agreement” means a contract or other arrangement that relates to the conduct of a junket; |
| “junket licensee” means the holder of a junket promoter licence or junket representative licence; |
| “junket representative” means an individual who is employed by a junket promoter to organise, promote or conduct a junket on behalf of the junket promoter; |
| “net win” has the same meaning as in section 146(6) of the Act; |
“relevant financial interest”, in relation to a business, means — | (a) | any share in the capital of the business; [S 106/2012 wef 22/03/2012] | | (b) | any entitlement to receive any income derived from the business; or [S 106/2012 wef 22/03/2012] | | (c) | any contribution to the capital of the business, whether by a loan or otherwise; [S 106/2012 wef 22/03/2012] |
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| “relevant position”, in relation to a business, means the position of director or manager, or other executive position, however that position is designated; |
“relevant power” means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others —| (a) | to participate in any directorial, managerial or executive decision; or | | (b) | to elect or appoint any person to any relevant position. |
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| (2) In these Regulations, a person is an “associate” of a licensed junket promoter or an applicant for a junket promoter licence if the person is, in the opinion of the Authority, able or will be able to exercise a significant influence over or with respect to the management or operation of the junket business of the licensed junket promoter or applicant. [S 106/2012 wef 22/03/2012] |
(3) In determining whether a person is able or will be able to exercise the significant influence referred to in paragraph (2), the Authority may consider all or any of the following:| (a) | whether the person holds or will hold any relevant financial interest in the junket business of the licensed junket promoter or applicant; | | (b) | whether the person is or will be entitled to exercise any relevant power (whether in right of the person or on behalf of any other person) in the junket business of the licensed junket promoter or applicant; | | (c) | whether the person holds or will hold any relevant position (whether in right of the person or on behalf of any other person) in the junket business of the licensed junket promoter or applicant; | | (d) | the degree of direct or indirect influence that the person has in the management or operation of the junket business of the licensed junket promoter or applicant; | | (e) | any other matter that the Authority considers relevant. [S 106/2012 wef 22/03/2012] |
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| Persons required to hold junket promoter licence or junket representative licence |
3.—(1) For the purposes of section 110(1) of the Act ––| (a) | no body corporate shall organise, promote or conduct a junket in or with respect to any casino unless it holds a junket promoter licence from the Authority authorising it to do so in or with respect to that casino; and [S 106/2012 wef 22/03/2012] | | (b) | no individual shall organise, promote or conduct a junket in or with respect to any casino unless he holds ––| (i) | a junket representative licence from the Authority authorising him to do so in or with respect to that casino, if he is employed to do so by a licensed junket promoter; or [S 106/2012 wef 22/03/2012] | | (ii) | a junket promoter licence from the Authority authorising him to do so in or with respect to that casino, if he is acting on his own behalf. [S 106/2012 wef 22/03/2012] |
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(2) Paragraph (1) shall not apply to ––| (a) | any licensed special employee of a casino operator who organises or promotes a junket in the performance of his duties for the casino operator by which he is employed; | | (b) | any person who receives a commission or other payment from the casino operator, or the person in charge of the casino, based solely on the price of the transportation or lodging arranged for by the first-mentioned person; or | | (c) | any person whose commission or other payment from the casino operator, or the person in charge of the casino, is a fixed amount or a fixed rate that is ––| (i) | not based on the net win of the casino operator attributable to the players introduced by the first-mentioned person; and | | (ii) | not otherwise calculated by reference to such net win, |
| provided that the aggregate value of such commission or other payment received in relation to a single casino does not exceed $100,000 in a calendar year or any part thereof during which the first-mentioned person does not hold a junket promoter licence. |
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(3) Notwithstanding paragraph (2), if, in the opinion of the Authority ––| (a) | any person, by reason of his remuneration or functions in relation to any junket, should be licensed as a junket promoter or junket representative; or [S 106/2012 wef 22/03/2012] | | (b) | the commission or other payment received by any person forms part of a series of such commission or other payments that may reasonably be considered to have been arranged for the purpose of avoiding the requirement to be licensed as a junket promoter or junket representative, [S 106/2012 wef 22/03/2012] |
| the Authority may, by a notice in writing given to the person, require that person to apply for the appropriate licence within the period specified in the notice. |
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| (4) If the period specified in the notice for the making of an application expires with no application having been made by the person referred to in paragraph (3), the Authority may give a direction to any casino operator to cease any further arrangement or business association with that person from such date as may be specified in the direction, and the casino operator shall comply with such direction. |
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| Casino operator to provide information relating to unlicensed persons being paid commission |
| 4. A casino operator must prepare and submit to the Authority, on such date as may be specified by the Authority, a monthly report of the commission or other payment paid by the casino operator, or the person in charge of the casino, to any unlicensed person referred to in regulation 3(2)(b) or (c). |
| Duty of casino operator in relation to unlicensed persons |
5. A casino operator shall not allow a person —| (a) | who is not a licensed junket promoter endorsed by it or a licensed junket representative employed by a licensed junket promoter endorsed by it; [S 106/2012 wef 22/03/2012] | | (b) | who is not a person referred to in regulation 3(2); or | | (c) | who is suspended under regulation 34A or 37, [S 106/2012 wef 22/03/2012] |
| to perform any function in relation to organising, promoting or conducting a junket within its casino premises. |
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