What Constitutes Gambling?
Under the Remote Gambling Act (RGA), “gambling” is broadly defined to include betting, gaming, and participating in a lottery.
The RGA defines “betting” to include the staking of money or money’s worth on the results of a horse-race or sporting event.
Under the Common Gaming Houses Act (CGHA), “gaming” identifies any game involving an element of chance, or of mixed chance and skill, where players stand to gain money or money’s worth of rewards.
Games which don’t involve money (e.g. an easy game of mahjong between friends with no cash involved) don’t fall under the CGHA.
The CGHA also regulates public lotteries, that is defined as a lottery to which the general public or any class of the general public has or may have access. A “lottery” is defined as any game, scheme or competition whereby money or money’s worth is distributed in a way determined by chance, if this kind of lottery is held or managed within or outside Singapore.
When is it Legal to Gamble in Singapore?
Gaming in a “common gaming house” is definitely an offence under the CGHA. A “common gaming house” includes any place kept or useful for gaming, habitual gaming and public lottery, if the general public has access to it.
Thus, whether the gambling behaviour under consideration crosses the line into an illegal act depends upon whether the gambling venue is kept as a typical gaming house, or even a place to be useful for gaming.
Private gambling
While the CGHA doesn’t give a definition for private gambling, it is generally considered as gambling in a place to which the general public may not have access (e.g. at home).
Private gambling constitutes an offence if the place where such gambling is carried out is kept designed for the goal of habitual gaming as a typical gaming house.
Anyone found guilty of gaming in a typical gaming house will undoubtedly be liable for an excellent up to $5,000, or even to imprisonment for a term up to 6 months, or even to both.
Gambling in public
Gambling in public areas identifies gambling in a place to which the general public may have access and includes any place in which 10 or maybe more persons are employed.
It is illegal to gamble in any public place. For instance, gambling at a funeral held in a gap deck might be illegal as a gap deck is just a public place.
Anyone found guilty of gaming in a public place will undoubtedly be liable for an excellent up to $5,000, or even to imprisonment for a term up to 6 months, or even to both. Their gaming instruments may also be seized and forfeited.
Placing bets with bookmakers
Bookmakers’activities are regulated under the Betting Act. Under the Betting Act, a bookmaker is any individual who receives or negotiates bets or wagers on a cash or credit basis as a swap for the money or money’s worth.
Any individual who bets or wagers with a private bookmaker (also referred to as a “bookie”) in any place or by any means shall be guilty of an offence. Offenders will undoubtedly be liable for an excellent up to $5,000, or even to imprisonment for a term up to 6 months, or even to both.
On another hand, it will not be illegal to bet with exempted bookmakers such as Singapore Pools, Tote Board and the licensed casinos here.
Having fun with jackpot machines
As jackpot gambling falls under the definition of “gaming” in the CGHA, it is illegal to participate in jackpot gambling in a typical gaming house or in public areas unless the jackpot machine is located in a team that is permitted to use the machine.
Can there be a Minimum Age to Gamble Legally in Singapore?
The minimum age to gamble legally in Singapore varies in line with the venue of the gambling activity. There is no body minimum age that applies to any or all gambling activities.
Generally, you need to be at the least 18 years old to gamble in Singapore. For instance, Singapore Pools only allows individuals aged 18 and above to purchase 4D or TOTO tickets, or placing horse racing bets. To have account with Singapore Pools, you have to be at the least 21 years old.
Under the Casino Control Act, you need to be at the least 21 years old before you can legally gamble in casinos. Minors found guilty of faking their age to gain entry to the casinos will undoubtedly be liable for an excellent up to $1,000.
Online Gambling under the Remote Gaming Act
What is online gambling?
Under the RGA, “online gambling”, also referred to as “remote gambling”, is defined as gambling in which players participate through remote communication.
Such remote communication includes communication through the Internet, telephone, television or radio, or any other kind of electronic or other technology which facilitates communication.
Legality of online gambling
Section 8 of the RGA states that anybody who gambles through remote communication and uses a remote gambling service (explained below) shall be guilty of an offence.
It does not matter whether the gambling was done by the individual only, or as well as any person, or whether the individual directly or indirectly participated in the gambling.
What is a gambling service?
* A “gambling service” is defined to include a service for the:
* Conduct of a public lottery;
* Method of getting public lottery tickets;
* Placing, making or accepting of bets; or
Conduct of game of chance where the overall game is played for the money, or money’s worth, and customers give money, or money’s worth, to play the game.
Point (4) however, doesn’t apply to social games and mobile applications which allow players to purchase tokens or game-enhancement features. That is provided that these games don’t provide facilities to convert these tokens or features to money, or even to real-world merchandise which may be exchanged for money.
When is online gambling legal?
Online gambling is legal when it is done via an exempt operator. Currently, only Singapore Pools and Singapore Turf Club have now been granted certificates of exemption under the RGA. However, other operators might be granted certificates of exemption in the future.
In the case of doubt, it will be best to obtain more info regarding the exemption status of operators by lodging an inquiry with the Ministry of Home Affairs.
Consequences of illegal online gambling
When you yourself have participated in unlawful remote gambling activity, a financial institution provider might be issued with a payment blocking order that will:
Prevent it from accepting credit extended for you;
Prevent it from accepting any cheque, bank draft or similar instrument that is drawn by or issued for you;
Prevent it from accepting any funds transfer to or from you; or
Cause it to block payments or prohibit transactions where these use merchant codes customarily connected with gambling transactions.
You may also be arrested with out a warrant.
If you should be found guilty of unlawful remote gambling under the RGA, you will undoubtedly be liable for pay an excellent up to $5,000, or even to imprisonment for a term up to 6 months, or even to both.
Sentencing guidelines
The sentencing framework for first-time offenders under section 8 of the RGA was considered in case of Lau Jian Bang v PP.
Because 안전카지노사이트 , the court stated that first-time offenders under section 8 of the RGA will generally be fined at the least $1,000 as opposed to receiving an imprisonment term.
The precise quantity of the fine is pegged to the quantity of the offender’s bets. Factors which may increase the quantity of the fine would include steps taken fully to conceal one’s illegal bets and not enough remorse. An offender who pleads guilty in an appropriate manner or cooperates with the authorities may face a smaller fine.
An imprisonment term will generally only be imposed in cases involving repeat offenders.
Prohibition against inviting persons under 21 to gamble online
Under section 13 of the RGA, it is definitely an offence to invite, permit, or result in a person under 21 years old to gamble online in Singapore.
Including actions such as sending anyone an advertisement about an online gambling service or highlighting details about online gambling compared to that person with a view of encouraging him or her to gamble online.
Anybody found guilty of inviting a person under 21 years old to gamble remotely shall be liable for pay an excellent of at the least $20,000 and up to $300,000, or even to imprisonment for a term up to 6 years, or even to both. That is if you don’t can prove that you took all reasonable steps to ascertain the individual’s age and that you reasonably believed that the individual was at the least 21 years of age.
Recommendations on Gambling Legally in Singapore
Gamble in a private place with trusted friends
To be able to avoid being charged for illegal gambling, you must not gamble in a public place, or even a common gaming house where habitual gaming takes place.
It can be far better gamble only with a reliable band of friends and keep from adding others to this group. This is because inviting strangers to gamble might be construed as gambling in a place to which the general public may have access, constituting the offence of gambling in a “public place&rdquo ;.
Avoid gambling with seasoned gamblers as they might attract unwanted attention from the authorities. Seasoned gamblers might be characterised as those who are willing to pay large sums of money when gambling, or those people who have outstanding debts because of the gambling habits.
Place small bets
You should cap your bets at a tiny amount. This this will help authorities to understand that you will be participating in a social activity with friends, as opposed to operating a typical gaming house.
Bet only with exempted betting operators
Avoid private bookies, and place bets only with exempt betting operators. It’s also advisable to not attempt to flout the minimum age requirement for betting with exempt operators.
Steps to Take If You Have Been Faced with a Gambling Offence
When you yourself have been faced with a gambling offence, you might want to take into account hiring a criminal lawyer to represent you in court.
The lawyer may assist you in seeking acquittal in the case that you did not actually commit the offence in question.
For instance, claim that you have been found playing mahjong in public. Under the law, you will undoubtedly be presumed to be gaming in public areas for the money or money’s worth, that is an offence.
However if there is actually no money involved in your mahjong session, a lawyer can highlight this to use and help acquit you of the offence.