Over the recent two years, the CCAC has received complaints from various residents indicating that many fitness centres operating under the names of sports clubs or fitness clubs in Macao are, in reality, engaging in commercial activities. Such situations allegedly violated the stipulations under Decree-Law no. 47/98/M regarding engagement in certain regulated economic activities without relevant prior approval. Furthermore, there were concerns regarding lack of supervision or omission by the Sports Bureau (ID). Following an inquiry, the CCAC considers that although the ID had taken actions to follow up the matters, there was clear evidence of negligence and omission. The ID also failed to effectively perform the function of supervision conferred upon by law and misinterpreted the investigative and sanctioning procedures against administrative illegalities.
According to the investigation carried by the CCAC, the ID has already opened a case file to follow up the matter and initiated sanctioning procedures against nine establishments suspected of violating the relevant law. However, after the sanctioning procedures were initiated in mid-July 2024, no fine notices were issued against seven of the parties involved, nor were any follow-up measures taken.
In response to the CCAC, the ID explained that since the Legal Affairs Bureau was in the process of revising the decree-law and drafting the bill entitled “Regime for the Regulation of Certain Activities and Events”, the relevant sanctioning procedures for those cases were suspended.
The CCAC believes that law revision work cannot be considered as the statutory grounds for suspending the sanctioning procedures for the cases. Moreover, according to the information in the dossier, prior to receiving the notification of law revision, the ID had already suspended the relevant sanctioning procedures for eight months while the processing of new complaints and referral of individual cases to other departments were also suspended.
In addition, the CCAC considers that the ID misinterpreted the method of investigating and gathering evidence for administrative illegalities. At one time, it believed that it was necessary to enter the involved premises to carry out inspection and personally witness relevant illegal facts in order for such acts to be considered as the grounds for the decision to be made.
Upon the CCAC’s intervention and suggestions, the ID already reviewed all cases comprehensively and, based on the situations of the cases, carried out further inspection and implemented corresponding measures in order to actively advance the progress of all cases. It promised that it would, in a timely manner, initiate administrative sanctioning procedures for irregularities according to law, thereby effectively performing the function of supervision conferred upon by law.
The CCAC has already archived the case and included it into the list of “retrospective review” in order to continuously and regularly follow up the supervisory work and the progress regarding the relevant complaints by the ID.