New bill in Singapore could broaden MAS regulatory oversight of crypto

Unprecedented surge in trading volumes on HashKey exchangeHong Kong-based cryptocurrency exchange HashKey has experienced an unprecedented surge in daily trading volumes over the course of the past week, reaching approximately $4.5 billion, a notable increase from its usual levels.Photo by Jungwoo Hong on UnsplashToken rewards programThe surge, highlighted in a report published by The Block on Monday, occurred on Friday, and is being attributed to the company’s token rewards program, according to a spokesperson from HashKey Group.A HashKey Group spokesperson clarified that the surge in volumes was a result of the company’s recent HSK rewards campaigns, which involve the distribution of HSK tokens or EcoPoints. Introduced in April, these incentives were designed to encourage trading activity on the platform. The spokesperson emphasized the company’s commitment to operating within the regulatory framework, stating:“At HashKey, we operate strictly within the regulatory framework, and any actions of misconduct are not tolerated.”Last Thursday, HashKey issued a post on X (formerly known as Twitter), detailing one of its incentive campaigns. The post announced the introduction of a DOT/USD trading pair and encouraged users to explore additional ways to earn through ongoing campaigns. Despite receiving only 15 likes, the post aimed to attract users with the promise of HSK rewards for logging in, trading and participating in the platform’s campaigns.Licensing approval in AugustHashKey had obtained the first license to offer retail crypto trading in Hong Kong in August under the new regulatory regime, with an upgrade of its type 1 and type 7 licenses. Officially opening to traders on November 1, it quickly garnered attention in the crypto community. In the same month, it also launched an app, offering full mobile trading capabilities.While daily trading volumes on Sunday dropped to $275 million, still higher than the usual levels but closer to the volumes recorded in its initial month, the significant spike on Dec. 1 was particularly noteworthy. Comparatively, Binance, the world’s largest crypto exchange, recorded $11.3 billion in volume over the past 24 hours.Wash trading ruled outSpeculation arose on X regarding the possibility of wash trading contributing to the sudden surge in volumes. Wash trading involves intentionally matching a large number of orders to create artificial trading activity. However, HashKey’s spokesperson dismissed these claims, stating that no misconduct has been detected.Justin d’Anethan, Head of Business Development in Asia for Keyrock, a crypto market-making firm, commented on the situation, stating:“Many people in the crypto space assumed wash trading was taking place… But it’s almost unbelievable.”He noted that if one wanted to appear more active, it would be done gradually, rather than in a single surge.Market sentiment and trading volume trendOver the course of the past 24 hours, the Bitcoin unit price has surged from $39,500 to almost $42,000, with Asian trading believed to have contributed significantly to that trading momentum. The overall crypto market capitalization has reached $1.5 trillion for the first time since early 2022. Bitcoin trading volume over the past 24 hours hit $39 billion, with a bitcoin market dominance rate of 51%.

Hong Kong Deems Crypto as PropertyIn dealing with a case involving defunct Hong Kong-based cryptocurrency exchange Gatecoin, a Hong Kong judge has determined cryptocurrency as being property “capable of being held in trust.” Presiding over the case, Justice Linda Chan stated recently that Hong Kong takes a broad definition of what constitutes property.©Pexels/mitbg000Digital assets held in trustHaving expended efforts to try and recover funds from a former payments service provider that the company had partnered with, Gatecoin announced that it would shut down the business and commence the liquidation of the business in 2019. With bankruptcy proceedings being notoriously slow, that process continues today, resulting in Justice Chan’s recent determination.The notion of property held in trust is a common theme that has been explored in a number of cryptocurrency business bankruptcy processes recently, including the BlockFi, Celsius and FTX processes.Gatecoin has not proven to be any different in this regard. Liquidators had turned to the Hong Kong courts for direction as to how creditors’ digital assets, as held on the platform, should be defined. If property is deemed to have been held “in trust”, then that determination has implications for the owner of those assets relative to the bankruptcy proceedings.In the case of BlockFi, a determination was made in a US court that those who had simply custodied digital assets with the platform without earning any yield were property owners and that they should have their assets returned.The importance of Terms of Service (ToS)Alex Mashinsky, the founder and CEO of failed crypto lending competitor Celsius outlined to service users on a number of occasions that the assets remained their property even though his company used customer assets for various trading activities. The bankruptcy judge reached a different determination based on the terms of service. Service users had acknowledged in signing off on Celsius’ terms of service that assets held on the platform that accessed yield-bearing products became the property of Celsius when deposited within those products on the Celsius platform.Although it has not been dealt with yet, 1.4 million creditors relative to the bankruptcy process of failed cryptocurrency exchange FTX are likely to discover later this year if they can claim “in trust” property rights. An ad hoc group of creditors has taken legal action for the return of their digital assets on the basis of an assertion that the assets remained their property when transferred onto the platform.ImplicationsWhilst a seemingly uninteresting determination to anyone less informed about such bankruptcy proceedings, such decisions can have profound consequences. In a bankruptcy process, there is a hierarchy of creditors, with some having greater rights than others when it comes to the distribution of bankruptcy estate funds. Recognition of assets being held in trust as property would likely take those property owners out of the bankruptcy process, allowing the return of their funds (where available) while others who are classified as creditors get a distribution of whatever funds are left in the bankruptcy estate thereafter.Additional complexityGatecoin’s case was further complicated by the existence of various sets of terms of service. In two of the three instances, the court found that no trust language existed. There is one subset of creditors who may have the ability to claim their digital assets as property. The liquidators have agreed to identify them and contact them in that regard.While the process may be proving to be a minefield for Gatecoin’s creditors, it has served a broader purpose in crypto more generally as it has provided yet another opportunity for another jurisdiction, in this instance Hong Kong, to provide some more clarity with regard to the legal status and standing of cryptocurrency.

A Cambodia-headquartered financial group recently cut off from the U.S. financial system is suspected of having operated in South Korea, raising fresh questions about cross-border crypto and currency flows tied to the group. According to the Dong-A Ilbo, which cited data from the Korea Customs Service (KCS), Huione Group—now sanctioned by the U.S. Treasury Department’s Financial Crimes Enforcement Network (FinCEN)—appears to have run a currency exchange in Seoul from 2018 to July 2024. The outlet reported that a banner on the premises displayed a logo identical to Huione’s, prompting suspicions about its ownership and control.Photo by Aleksandar Pasaric on PexelsTies to North Korean hackersThe exchange reported conducting roughly $20,000 in annual currency conversions during that period, excluding cryptocurrency transactions. The timeline overlaps with a period in which Huione Group reportedly received $150,000 in cryptocurrency from the North Korean hacking group Lazarus.  Connections also extend to Cambodia. Panda Bank—a local lender that shares a building with Huione subsidiaries—supports USDT transactions originating from South Korea. Panda Bank director He Yanming is listed as the owner of Huione Crypto, a virtual asset service provider (VASP), suggesting potential links between operations in Seoul and Phnom Penh. These developments come against the backdrop of a U.S. investigation disclosed in May, in which FinCEN said Huione’s business networks, including payments arm Huione Pay, collectively laundered at least $4 billion in illicit proceeds between August 2021 and January 2025. Crypto used in $2.6B illegal conversionsMeanwhile, recent KCS data also shows a rise in illegal currency conversions involving cryptocurrency by foreign nationals. The Korea Economic Daily reported conversions totaling 432 billion won ($302 million) in 2021, climbing to 836 billion won ($584.5 million) in 2023 and 956 billion won ($668.4 million) last year. Over the past eight years, the total amount involved in such cases reached 3.7 trillion won ($2.59 billion) across 28 instances. By value, Chinese nationals accounted for 84.1% of the total, followed by Australians (11.1%), Vietnamese (3.2%), and Russians (1.6%). The growing prevalence of cryptocurrency in illicit activity parallels a broader surge in crypto investment within the country. Many South Koreans have turned to digital assets, often with home ownership as a long-term goal. Trading on local exchanges, Bloomberg reported, is heavily skewed toward more volatile altcoins, which make up more than 80% of total volume.  That stands in contrast to global markets, where investors largely focus on Bitcoin and Ethereum, which together make up more than half of overall trading. The momentum in local crypto investment intensified after Donald Trump’s U.S. presidential victory, with crypto trading in Korea reaching $27 billion in December 2024, about 80% of turnover on the KOSPI stock index. The investigation underscores the growing challenge for regulators in tracking and containing cross-border financial networks that rely on cryptocurrency and informal money transfers. As crypto adoption deepens in South Korea and scrutiny widens abroad, authorities find themselves navigating an increasingly intricate intersection of financial opportunity, enforcement, and risk.