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HK Regulators Facilitate Dialogue between Banks and Crypto Enterprises

Policy & Regulation·April 28, 2023, 5:40 AM

In a recent column, Arthur Yuen, Deputy CEO at the Hong Kong Monetary Authority (HKMA), stated that the HKMA and the Securities and Futures Commission (SFC) will jointly convene a meeting on Friday to share opinions on providing banking services to virtual asset service providers (VASPs).

paying with a card through payment terminal

 

Proportionate CDD measures

Yuen said that banks should “differentiate the risk levels of customers and apply proportionate CDD [customer due diligence] measures,” and “refrain from adopting a ‘one-size-fits-all’ approach to reject account opening applications.” To address misconceptions about CDD, the HKMA issued a circular on Thursday, offering further clarification and sharing notable cases and best practices.

The HKMA called on banks to enhance employee training on account opening procedures and create task forces to help companies seize new business opportunities. The HKMA plans to actively take part in developing and introducing international standards, and provide guidance and support for banks to adopt appropriate anti-money laundering measures.

 

SFC’s guidelines in May

Meanwhile, SFC CEO Julia Leung said in a discussion with Bloomberg that the SFC will issue virtual asset guidelines in May.

 

Reactions on Twitter

In his tweet, Justin Sun, the founder of blockchain DAO ecosystem Tron, hinted at the potential development of a Tron-based stablecoin in Hong Kong. The Hong Kong Innovation Encryption Fund (HKIEF), an investor in blockchain projects, also took to Twitter to predict the details of a regulatory framework for cryptocurrencies in the city.

According to HKIEF, USDT and USDC will be classified as security tokens, while BTC and ETH won’t be deemed securities. Exchanges trading non-security tokens will need both a VASP license and a trust license. Hong Kong-based virtual asset exchanges will be required to obtain a full license by May 31, 2024.

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Web3 & Enterprise·

Nov 24, 2023

Japan’s Mt.Gox to commence creditor repayments shortly

Japan’s Mt.Gox to commence creditor repayments shortlyCreditors of Mt. Gox, the Japanese Bitcoin exchange that suffered a devastating hack in 2014, have received a glimmer of hope with an announcement from the administrators of the Mt.Gox estate that repayments are imminent.The recent announcement from Nobuaki Kobayashi, the trustee overseeing Mt. Gox’s estate was made on Tuesday when Kobayashi initiated the distribution of emails to rehabilitation creditors, hinting at the commencement of repayments. Social media reports have fueled optimism, suggesting that creditors may start receiving repayments in cash in 2023.Photo by Manuel Cosentino on UnsplashFirst round repayments in 2023The email, sent in both Japanese and English, outlined Kobayashi’s plan to initiate the first round of repayments in 2023, with the process extending into 2024. The email highlighted the complexity of the task, citing the large number of rehabilitation creditors, diverse types of repayments and varied processing times required. Despite the lack of specific timelines for individual creditors, the email conveyed a cautiously optimistic tone about progress.Cash vs. bitcoinReaction within the Mt. Gox community has been mixed. Some commentators view Kobayashi’s email as “cautiously promising,” interpreting it as a positive sign that repayments are finally on the horizon. Long-suffering creditors had been informed of a one-year extension to the repayment deadline in September. Additionally, some observers have raised concerns, noting that the email specifically references cash payments, whereas many victims of the Mt. Gox hack anticipate the return of large amounts of bitcoin.The Mt. Gox trustee currently holds 135,890 BTC across known addresses, valued at nearly $5 billion. An additional 3,795 BTC (worth $130 million) are held on unknown addresses.While the email signals progress, questions remain about the nature and extent of the repayments, with the community keenly observing developments. The email stated:“The specific timing of repayment to individual rehabilitation creditors is undetermined, and therefore, it will not be possible to provide advance notice to each rehabilitation creditor regarding the specific timing of their repayment.”Deadlines were also pushed back on other occasions, including March of this year when creditors were sent a “change of deadline“ notification.Redemption of trust assetsThis news coincided with the Mt. Gox trustee’s announcement on Wednesday regarding the redemption of trust assets. A substantial sum of 7 billion Japanese yen (equivalent to $47 million) was redeemed, intended for funding the repayment of claims. Following the redemption, the remaining trust assets stood at 8.8 billion yen, or approximately $59 million. The trustee, as per the official statement, is actively preparing for the base repayment, early lump-sum repayment and intermediate repayment.The recent events surrounding Mt. Gox have sparked discussions within the broader crypto community about the potential for a bitcoin sell-off. It’s long been speculated that the sudden release of bitcoin to creditors could lead to the market being flooded with sellers. However, as it appears that cash is being distributed as well as bitcoin, this should soften any potential bitcoin sell-off.Despite the optimism in some quarters, skepticism lingers due to the history of delays in Mt. Gox repayments. Creditors remain cautiously hopeful for the most part, awaiting further updates and tangible progress in the rehabilitation process.

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Policy & Regulation·

May 24, 2024

Hong Kong privacy watchdog halts Worldcoin operations

Hong Kong's Office of the Privacy Commissioner for Personal Data (PCPD) has issued a directive for the Worldcoin Foundation to cease its operations within the region, citing violations of local privacy laws. The decision comes after the PCPD found that Worldcoin had improperly collected facial and iris data from approximately 8,302 individuals. The agency’s investigation included ten covert visits to six different Worldcoin locations between December 2023 and January 2024. According to the PCPD, the extent of data collection by Worldcoin was deemed "unnecessary and excessive" failing to adhere to the Data Protection Principles.Photo by Claudio Schwarz on UnsplashConcerns over data retentionThe privacy watchdog criticized Worldcoin for its intention to retain personal data for up to 10 years. This retention period was intended for training AI models for user verification processes but was judged by the PCPD to be excessively long, amounting to prolonged retention of personal data. Following the findings, the PCPD has issued an enforcement notice to Worldcoin, mandating the cessation of all its activities in Hong Kong. Privacy Commissioner Ada Chung has called on the public to report any ongoing operations by Worldcoin in the city. In response to growing international scrutiny, Worldcoin announced in March that it would halt the collection of personal data and is planning to introduce a new feature titled "Personal Custody," which would purportedly allow users to store their data on their devices. This change comes as Worldcoin faces additional challenges in other jurisdictions, including Spain and Portugal, which have also expressed concerns over the project's data collection practices. The project was also scrutinized in South Korea but it recently resumed services. As of now, Worldcoin has not provided comments regarding the recent regulatory actions. 

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Web3 & Enterprise·

Sep 12, 2023

Entrepreneurs to Discuss Blockchain Investment Opportunities at Korea Investment Week 2023

Entrepreneurs to Discuss Blockchain Investment Opportunities at Korea Investment Week 2023Entrepreneurs and business leaders will convene at the Korea Exchange (KRX) PR Hall to delve into investment opportunities associated with blockchain projects and security tokens from September 14 to 15. The agenda for the first day centers around blockchain, while the second day is dedicated to security tokens. These events are part of Korea Investment Week 2023, hosted by the Korea Economic Daily and organized by the Korea Exchange, the nation’s only securities exchange operator, and KB Securities.Photo by SC Jang on UnsplashExploring blockchain investmentThe first day’s blockchain investment forum will host a lineup of distinguished speakers, including Kim Yong-beom, the CEO of Hashed Open Research; Lee Tae-yong, Chief Global Strategy Officer of Wavebridge; and Ju Ki-young, CEO of Cryptoquant.CEO Kim will explore virtual asset opportunities in South Korea, particularly in light of the market trend shifting from North America to Asia. Lee will provide an overview of the global landscape of exchange-traded funds (ETFs) and exchange-traded products (ETPs) related to virtual assets and assess the likelihood of the US approving Bitcoin spot ETFs. Meanwhile, Ju’s analysis of blockchain data will offer insights into the fundamentals and risks associated with virtual assets.Security token insightsOn the second day, the security token investment conference will feature esteemed professionals, such as Ahn Il-chan, Head of Digital Business Division at the Korea Exchange; Lee Han-jin, an attorney specializing in capital markets at law firm Kim and Chang; and Ryu Ji-hae, Managing Director of Digital Asset Task Force at Mirae Asset Securities.Ahn will discuss strategies for establishing a security token market within the Korea Exchange. Lee will offer suggestions for developing the Korean security token market and safeguarding investors. Ryu will address the role of securities firms in driving the development of the security token market.These events are expected to capture the interest of both institutional and retail investors, providing valuable insights into the burgeoning industry.

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