This article was written in 2017. Gambling law in Singapore may have changed. For more information, read “S’pore to introduce new gambling laws that cover arcade games & claw machines“.
The Story In 60 Seconds
- There are a total of five laws that cover all aspects of gambling:
- The Common Gaming Houses Act – This act regulates and suppresses all common gaming houses, public gaming, and public lotteries
- The Betting Act – Which regulates common betting-houses, betting in public locations, and bookmakers
- Private Lotteries Act – Which covers lotteries conducted in private locations
- Casino Control Act – This act directly regulates the two licensed casinos in Singapore.
- Remote Gambling Act – This act oversees all forms of gambling that are conducted via the Internet, telephone, television, radio, or any other kind of electronic or technological device that facilitates communication.
- In general, if you’re playing games of chance at home with friends and family, it will not be considered as illegal gambling.
- However, if your apartment or office is turned into a venue solely for the purposes of gambling, then it would be a violation of the Common Gaming Houses Act, and you are liable to be fined and jailed!
Rolling The Dice: Gambling in Singapore
You’ve seen it before. The tell-tale slowing down of motorists as they drive past a vehicle accident. Not because they are worried about the welfare of the poor victim in the accident, but because they’re quickly peering at the license plate number which they will then bet on at the Singapore Pools outlets. You’ve seen the long, snaking lines of the elderly and middle-aged lining up to bet their fortunes on the Lunar New Year Sweepstakes (and you’ve stood in line too). Whenever the extended family gets together, you’re bound to have that one cousin who has a thick stack of dollar bills and the magical ability to pull a pack of playing cards out of thin air.
All harmless fun, right? Well, up to a point. Gambling can be a big part of life in Singapore. In fact, gambling is such a big thing in Singapore that The Economist reported in 2017 that we are the second biggest gamblers in the world! Provided that you don’t cross some lines, informal games of chance and certain forms of gambling in Singapore can be considered legal, if not quietly permissible.
What laws govern gambling in Singapore?
Currently, there are a total of five laws that cover aspects of gambling in Singapore:
- The Common Gaming Houses Act – This act regulates and suppresses all common gaming houses, public gaming, and public lotteries
- The Betting Act – Which regulates common betting-houses, betting in public locations, and bookmakers
- Private Lotteries Act – Which covers lotteries conducted in private locations
- Casino Control Act – This act directly regulates the two licensed casinos in Singapore.
- Remote Gambling Act – This act oversees all forms of gambling that are conducted via the Internet, telephone, television, radio, or any other kind of electronic or technological device that facilitates communication.
For the purposes of this article, we will be focusing on informal, home-based gambling activities – the type that is most commonly seen at the Lunar New Year visitations, or at certain Chinese funerals.
How is gambling defined?
Based on Section 3 of the Common Gaming Houses Act, every common gaming house is declared to be a common and public nuisance that is contrary to law.
From that paragraph, there are two areas that require further examination:
- What is “gaming”
- According to the Common Gaming Houses Act, there is no clear distinction between “gaming” and “gambling”. To that end, “gaming” is defined as the playing of any game of chance, or a game involving a mix between chance and skill for money, or other similar financial rewards – in this context, it is the same as that of casino-style gambling.
- That means that if you’re playing Blackjack, ‘dai di’, poker, mahjong, etc, and if you’re betting with your money, then it would be classified as “gaming” in this context.
- What is a “common gaming house”
- According to the Act, this phrase refers to any place kept or used for gaming, habitual gaming or a public lottery. It does not matter if only a select group of members can enter the premises. As long as members of the public can access the location, then it can be classified as a “common gaming house”.
So is gaming at home considered illegal?
Based on the reading of “common gaming house”, it might be arguable that if you were gaming with friends and family during the Lunar New Year, it would not be in violation of the law – since the premises were not open to members of the public, and it was part of a private function. This reading is backed up by a 2000 ruling made by Chief Justice Yong Pung How, who said that it was not illegal for a group of friends to come together to gamble, even if the gambling sessions were frequent.
However, it’s important to remember that if your property – whether it is a home or office – is turned into a location used solely for gambling/gaming, then it would be in a clear violation of the Common Gaming Houses Act – you could be fined between S$5,000 to S$50,000, and jailed for up to three years.
If you were caught gaming in a common gaming house, then you can be fined up to S$5,000, or jailed up to six months or both.
What about the popular game of poker?
Poker has seen a surge in popularity in the last 10 years. A lot more people are playing it online, and there is a growing cottage industry of people selling poker supplies such as cards, chips, poker tables and mats. A lot of people like to play poker in the comfort of their home, even though casinos offer games with higher stakes and the opportunity for gamers to win large sums of money. Some players play for social reasons, and to hang out with friends, but there are many others who play poker as a part-time or full-time career. Some of these games and tables are highly secretive and selective, often ‘by-invite’ only.
So what exactly are the laws around playing poker at home with real cash?
- Firstly, you are free to play with a group of friends or strangers online. However, always be wary when you make online payments to a group of people or even a company overseas.
- The first thing you need to be careful about is whether the party collecting payment for the game online is licensed to carry out online gaming. Although the company may be based overseas, you can still be liable for playing such games online if it’s considered as gambling conducted in Singapore. This is expressly written out in the Remote Gambling Act.
- Now, let’s say you and your friends make bets during your weekly game of poker. The important distinction is how do you invite your friends to play poker, and how the gambling is conducted. In order to keep your games on the right side of the law, the primary consideration should be to ensure that whatever games you play, it should not be open to the public. If it is open to the public, then that would be regarded as a “common gaming house” as defined in the Common Gaming House Act.
- You must also note that playing with a group of friends and gambling is prohibited under the Common Gaming House Act. However, the police will not take action as a matter of practice, so long as it does not create a nuisance or disturbance to your neighbours, and you are not organising large-scale betting pools on your poker games that that is open to the public to participate.
If you gamble at home frequently, here are a few tips to stay out of trouble
- Be mindful of the volume of noise when you and your friends are playing card games.
- Always ensure that you play with a regular group of friends who you know, and avoid including others into this closed group.
- Do not make it a public event.
- Always keep your bets small (although that does not reduce the gravity of the offence), but it does help the authorities understand that it is intended as a fun activity.
- Be mindful of your friends who are habitual gamblers in your group – as they may attract others to join in this closed group.
All that being said, however, please remember that excessive gambling can become compulsive, and may lead to a loss of self-control with negative consequences for your personal and family life. If you or someone you know has a gambling problem, please call the National Council on Problem Gambling at 1800-6-668-668.
Speak to Pratap about Criminal Law
If you have further questions on laws regarding private gambling, you can get a quick consult with Pratap or other lawyers. With Quick Consult, you can check out in minutes and for a transparent, flat fee of S$49, the lawyers will call you back on the phone within 1-2 days to answer your questions and give you legal advice.
This article is written by Pratap Kishan from Ho Wong Law Practice LLC and edited by Tang Chee Seng from Asia Law Network.
This article does not constitute legal advice or a legal opinion on any matter discussed and, accordingly, it should not be relied upon. It should not be regarded as a comprehensive statement of the law and practice in this area. If you require any advice or information, please speak to practicing lawyer in your jurisdiction. No individual who is a member, partner, shareholder or consultant of, in or to any constituent part of Interstellar Group Pte. Ltd. accepts or assumes responsibility, or has any liability, to any person in respect of this article.