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The government is shrugging off a decision by the
World Trade Organization this month that a US law barring foreign companies
from offering Internet horse betting to its citizens constitutes trade
discrimination.
Hong Kong similarly allows only the Jockey Club to accept bets via the Internet
on its races, but a government spokeswoman said, ``As far as we understand, the
WTO ruling only applies to the US and Antigua,'' the Caribbean island nation
that brought the case against the United States for damaging its Internet
gambling industry.
Industry observers say that Hong Kong and the United States are among the most
aggressive governments in restricting Internet gambling. The WTO's initial
decision on Antigua's complaint last year found much wider fault with US legal
barriers, but the trade body's appeals board narrowed the findings to focus on
the Internet horse betting law.
Hong Kong's offensive started with amendments to the Gambling Ordinance in 2002
banning anyone in Hong Kong from placing bets with anyone other than the Jockey
Club and banning anyone but the Club from taking bets. No one has been
prosecuted for unauthorized Internet betting or bookmaking. The government
spokeswoman said, ``We have no plan to amend the existing Gambling Ordinance.''
Joseph Kelly, a law professor who studies the gaming industry at the State
University of New York College at Buffalo, said the WTO's appeal ruling may
actually reinforce Hong Kong's legal position as the board upheld general US
restrictions on Internet gambling in the name of defending morals and public
order, only singling out horse racing since that is the one area where the
United States has explicitly allowed online betting. ``It would seem Hong Kong
could use the same reasoning, that the prohibition is necessary to prevent
crime, money laundering, underage betting and fraud,'' he said.
However, shareholder rights activist David Webb said Hong Kong should follow the
spirit of the appeals ruling and amend the law. ``It is unfair to allow
consumers to bet online with the Hong Kong Jockey Club but prohibit them from
betting online with any overseas bookmaker or race track,'' Webb said.
``It should then be a matter of choice as to whether a consumer wishes to deal
with a licensed bookmaker in Hong Kong, or an unlicensed bookmaker from
overseas, or one licensed by an overseas regulatory agency.''
zach.coleman@singtaonewscorp.com
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