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Hong Kong to Issue Digital Asset Licensing Guidelines in May

Policy & Regulation·April 28, 2023, 1:33 AM

According to Hong Kong’s Securities and Futures Commission (SFC), the Commission will issue new guidelines for virtual asset exchanges within the Chinese autonomous special administrative region (SAR).

Hong Kong street
© Pexels/Jimmy Chan

SFC CEO Julia Leung made that announcement while speaking at an event in the city on Thursday, indicating that the guidelines are due to be released next month. Additionally the autonomous region intends to introduce a new licensing system from June 1 onwards, enabling the retail investors among Hong Kong’s populace to trade leading cryptocurrencies like Bitcoin and Ethereum.

Hong Kong authorities had provided an insight into this approach back in February, when plans to provide retail access to digital assets were first set out. At the time, they outlined the need for retail customers to pass a knowledge test relative to digital assets or otherwise only being allowed to trade such assets once the customer had completed a certain level of training relative to digital assets, provided by a regulated crypto service provider.

This latest announcement has arrived amid a backdrop of a series of recent indications that signify the intent of authorities in Hong Kong to make the autonomous region a major financial hub centered around digital assets.

Leung articulated that the further development of this digital assets framework follows a consultation process that attracted more than 150 responses. Although virtual asset service providers (VASPs) will need to await the complete rollout of the licensing system, a handful of crypto businesses such as OSL and Hashkey, under the supervision of the Hong Kong regulator, have already started to offer their services.

 

Crypto as property

A Hong Kong court recently recognized cryptocurrency as property. The ruling emerged in a bankruptcy hearing pertaining to failed cryptocurrency exchange Gatecoin. In presiding over the case, Justice Linda Chan outlined that the autonomous region takes a broad view of what constitutes property. In finding crypto to meet the definition of property, she went on to clarify that it therefore has the capability of being held in trust.

The finding has particular relevance in the crypto world right now given the consequences of an “in trust” custodianship of customer’s digital assets relative to numerous ongoing bankruptcy processes involving failed crypto businesses, and the pecking order of creditors in those instances, in their efforts to recover their digital assets.

 

Positive approach

While mainland China remains an adverse territory relative to digital assets, Hong Kong has taken to welcoming the sector and with that, enticing crypto firms to relocate to the autonomous region from the mainland. Leadership in the city has been making all the right soundings to demonstrate that it is actively trying to nurture the nascent sector.

While recent months have seen the Biden administration in the United States attempt to close off banking from the crypto sector, in contrast, Hong Kong’s largest virtual bank, ZA Bank, was recently given permission to act as a settlement bank for regulated Web3 businesses located within Hong Kong.

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Aug 04, 2023

Hong Kong Lawmaker Explores Digital Asset Links With Mainland

Hong Kong Lawmaker Explores Digital Asset Links With MainlandIn a move aimed at bolstering its position as a rising global Web3 hub, Hong Kong Legislative Council member Johnny Ng has expressed his aspiration to foster greater collaboration between digital asset platforms in Hong Kong and a Shanghai-based exchange.Photo by Simon Zhu on UnsplashDigital asset exchange interconnectivityAs Hong Kong continues to position itself as a key player in the emerging Web3 landscape, Ng envisions a future where licensed virtual asset exchanges in Hong Kong could be interconnected with their counterparts in Shanghai.Ng’s remarks came during an interview with Chinese media outlet The Paper. Drawing a parallel with the established Shanghai-Hong Kong Stock Connect program that seamlessly connects the stock markets of both cities, Ng raised the question of whether a similar connection could be established for licensed digital asset exchanges. Ng’s idea hinges on the potential to bridge appropriate platforms in Shanghai with those licensed in Hong Kong for virtual asset trading.Interconnected talent poolThe lawmaker’s enthusiasm for interconnectivity also extends to the talent pool. He expressed his desire for more Web3 talent exchanges between Hong Kong and the mainland, recognizing Shanghai’s status as a financial hub boasting numerous exceptional financial enterprises.Hong Kong’s approach to the Web3 landscape stands in contrast to mainland China’s stringent cryptocurrency regulations. While China banned cryptocurrency transactions in 2021, Hong Kong has embraced crypto firms, even encouraging partnerships between these firms and local banks.This year, Hong Kong authorities unveiled a series of cryptocurrency-related policy statements, aimed at fortifying its stature as a global financial center. A significant step followed in December, when the Hong Kong Legislative Council passed an amendment introducing a comprehensive licensing framework for virtual asset service providers (VASPs).In a recent development underscoring Hong Kong’s pro-crypto stance, HashKey and OSL have become the pioneering recipients of licenses for retail trading under the new regulatory regime, which commenced on June 1.Differing policy approachesPeople following developments in crypto and Web3 in China and East Asia have been speculating if the strategic positive shift in Hong Kong towards developing as a regional hub relative to the sector is indicative of a softening in the approach of mainland China towards the industry. It appears that Hong Kong’s pursuit of crypto business has been sanctioned by Beijing.Commentators have been monitoring the emergence of further encouraging signals. In May, Chinese state television featured a segment that covered cryptocurrency and in particular Bitcoin. Binance CEO Changpeng Zhao (CZ) was sufficiently encouraged by the development to suggest that it was “a big deal,” although the clip was later removed from the broadcaster’s website.Ng’s proposal aligns with the broader narrative of Hong Kong’s ambitious push into the Web3 landscape, capitalizing on its favorable regulatory environment to attract crypto-related ventures. As discussions evolve around the potential interconnectivity between Hong Kong and Shanghai’s digital asset exchanges, the global cryptocurrency community watches with interest to see if there are any emerging signs that Beijing will reciprocate positively.

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Aug 18, 2023

BIT Exchange Unveils XRP Options Trading

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Policy & Regulation·

Jan 15, 2025

Former Thai PM expresses positive view on crypto

Thaksin Shinawatra, who served as Thailand's 23rd prime minister from 2001 to 2006 and whose daughter Paetongtarn Shinawatra currently serves as the Southeast Asian nation’s prime minister, expressed positive views on crypto while speaking at an event in Bangkok on Monday.Photo by Evan Krause on UnsplashIssuing stablecoins According to a report by Reuters, in his speech, Shinawatra called on Thailand’s Securities and Exchange Commission (SEC) to enable the trading of stablecoins and cryptocurrencies that are otherwise backed by real-world assets (RWAs). Addressing the consideration of systemic risk posed by cryptocurrencies, Shinawatra stated:"There will be no risk, it is just another currency in the world."  Shinawatra also commented on a government plan to make the Thai tourist resort city of Phuket a potential location for a pilot program which would trial crypto payments. Bullish on crypto This is not the first occasion in which the former Thai prime minister expressed a bullish view on crypto. He has been a long-standing advocate for cryptocurrencies. His comments earlier this week mirror similar views he expressed while speaking at an event at the Intercontinental Hotel in Hua Hin in December. On that occasion, he stated: “There are already many cryptocurrencies. Some people say that in the future, we will have more currencies than countries.”  In Hua Hin, he also suggested that his friends believe that Bitcoin could reach a unit price of $850,000. With that potential rise in value, Shinawatra wants Thai citizens to be well-positioned for the crypto wave. He encouraged the Thai government to engage positively with digital assets and to take the time to study the emerging asset class. Back in August, Thailand’s SEC launched the Digital Asset Regulatory Sandbox as part of an initiative to permit interested service providers to trial crypto-related services within a controlled sandbox environment.  Building on that sentiment expressed by Shinawatra in December, in his latest speech, he called on the country’s financial institutions to be more open to cryptocurrency.  Paying attention to U.S. policy on crypto In making that call, he cited developments in the United States. Particularly, he focused on the incoming U.S. administration’s positive embrace of digital assets. This includes positive commentary made by U.S. President-elect Donald Trump and the appointment of Paul Atkins by Trump as the new head of the Securities and Exchange Commission (SEC) in the U.S. Atkins has already outlined plans to collaborate with crypto-friendly SEC Commissioners Hester Peirce and Mark Uyeda, with a view towards shaping the agency’s crypto policies.  Beyond crypto, the former prime minister had a number of other suggestions that he feels would be good for Thailand. With regard to the country’s stock market, he called for tighter regulatory oversight, tax incentives for long-term investors and improved corporate governance. He encouraged the opening of a carbon credit trading venue in order to ensure better pricing. Shinawatra believes that Thailand should legalize online gambling on the basis that it is currently losing 100 billion Thai baht ($4 billion) in annual tax revenue from the activity. The Thai government has moved to approve a draft law that would legalize casinos and gambling.

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