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ResourcesThailand Real Estate & Property LawJurisprudenceCould "Bookmaking" Be Legalized in Thailand by Regulation?

Could "Bookmaking" Be Legalized in Thailand by Regulation?

Transcript of the above video:

I haven't made a video recently on gambling in Thailand. As most folks who watch this channel regularly know, currently there's serious discussion, serious research, serious study being done at high policy levels with regard to the notion of changing Thailand's laws with regard to gambling. They have not come to fruition yet so that kind of remains to be seen exactly where that goes. 

I was doing some of my own research just for fun; I am kind of a law nerd at the end of the day, and I came upon something kind of interesting. I want to go through this with folks. This is from the Gambling Act of 1935 and that is the current legislation that covers this issue. Again Gambling Act 1935, and I am getting this from dopa.go.th so this is a copy of the English language version of that Act as put out by a Ministry of the Thai Government. Now this should not be looked upon as the end all be all with regard to analysis. Thai Law is dealt with in Thai not English so my kind of educational analysis of this for educational purposes, should not be taken as final Authority. I also am not a Thai Attorney, never claimed to be. I am an American Attorney, I have Thai citizenship, and I am the Managing Director this firm; I'm not a Thai Attorney; I do not practice law at the bar of the Kingdom of Thailand. 

That being said, I thought this was rather interesting so Gambling Act, Section 4: Quoting directly: "Games specified in list B annexed to this Act, or similar games or any other games which the responsible Minister has additionally prohibited by means of a Ministerial Regulation, shall be permitted for the direct or indirect benefit of the host only upon license when the responsible Minister or the licensing officer considers appropriate or when a Ministerial Regulation permits the play of such games without license." So Ministerial Regulation could come out and say: "this type of activity does not need a license" or they could say "we are issuing licenses, here are their criteria." I went back and was looking at list A and B and a lot of this stuff is especially old Thai games of chance a lot of the stuff listed there. Poker is specifically listed on list A but on list B bookmaking was listed on list B. So it looks like in theory at least it would be possible for a relevant Minister or relevant authority to either issue a license or issue a Ministerial Regulation that says "hey you don't need a license for that, you can just do that." So interesting, something to think about out there. I was just kind of scrolling through and did the analysis and found that kind of happenstance but I thought it was worth mentioning.