Incorporating in Hong Kong? Elsewhere?

[Consultant]

The sites I will launch (as an advisor) will be operated from a company in Hong Kong.

My fiscal advisor told me it is no problem to deliver my services to this HK company, as in, it is legal for a Hong Kong company to promote online gambling as an affiliate.

However, I found this: liebertonline .com/doi/abs/10.1089/109218801753336166?cookieSet=1&journalCode=glr
(remove the space before .com)

It specifically mentions: "Any person who ... assists, either directly or indirectly, in the operation ... of unlafwul gambling, commits an offense."

So, what is it? Will the HK company I deliver to be committing fraud? Any affiliates out here operating from Hong Kong or some AMs that know more about this situation.

(Legal disclosure: Please rest assured I do not seek legal advice. I will consider your responses for entertainment purposes only - so please share your ideas and opinions freely.)

 

[lots0]

As an affiliate... I would be far more concerned with the provision that states that anyone that "Solicits" gambling in Hong Kong is committing an offense. As that is what affiliates do... solicit gamblers.

 

[spearmaster]

The sites I will launch (as an advisor) will be operated from a company in Hong Kong.

My fiscal advisor told me it is no problem to deliver my services to this HK company, as in, it is legal for a Hong Kong company to promote online gambling as an affiliate.

However, I found this: liebertonline .com/doi/abs/10.1089/109218801753336166?cookieSet=1&journalCode=glr
(remove the space before .com)

It specifically mentions: "Any person who ... assists, either directly or indirectly, in the operation ... of unlafwul gambling, commits an offense."

So, what is it? Will the HK company I deliver to be committing fraud? Any affiliates out here operating from Hong Kong or some AMs that know more about this situation.

(Legal disclosure: Please rest assured I do not seek legal advice. I will consider your responses for entertainment purposes only - so please share your ideas and opinions freely.)

You didn't state what your sites would be doing/promoting, nor what your intended target market was.

* If you are going to operate any gambling (casino, poker, bingo etc) - you will be in breach of the law.
* If you are going to promote gambling to the HK market, you will be in breach of the law.
* If you are going to promote gambling to the China market, you may not be in breach of the law but you will certainly be stopped should the Chinese government make a request to the HKSAR government.

To cut a long story short - I would locate these sites outside HK and be certain not to target the HK market. Much also depends on the company registration - ie. business purposes.

 

[casinojack]

I guess if you follow the HK law you ok. I guess I'm confused as to the reason why your adviser says one thing, and this shows them to be incorrect?

AS a side note, without going int to to much, If you want an Asian country for banking / corps, I would like Singapore.

 

[Consultant]

Thanks for all the answers.

It's indeed baffling that an advisor says the opposite of what can be found from a simple google search.

My intentions is (were) to sell my advice to a company in HK that would target all markets, mostly casino slots and jackpots, as an affiliate.

PS For some reason I can not thank you (as far as I can see), so I did the 'increase your reputation' thing.

 

[spearmaster]

Thanks for all the answers.

It's indeed baffling that an advisor says the opposite of what can be found from a simple google search.

My intentions is (were) to sell my advice to a company in HK that would target all markets, mostly casino slots and jackpots, as an affiliate.

PS For some reason I can not thank you (as far as I can see), so I did the 'increase your reputation' thing.

There's nothing wrong with selling your services as a consultant, provided you are not in HK. Or even if you are located in HK - provided you are not doing actual work for the company, because you are not the one "soliciting", nor are you actually assisting because you don't have the final say.

If, on the other hand, you are doing any of the operational/webmastering/marketing work directly, and you are in HK, you'd be setting yourself up for potential problems down the road.

By the way - as for the advisor, he must either not be versed in HK law, or he must not know much about gambling, or both.