Hong Kong crypto executive anticipates spot crypto ETF approvals by mid-2024

Korean Supreme Court acquits Dunamu Chairman Song Chi-hyungThe Supreme Court of South Korea, in a significant ruling on Thursday (local time), acquitted Song Chi-hyung, chairman and principal stakeholder of Dunamu, of fraud and forgery charges, according to a report by local news agency Yonhap. This ruling is particularly noteworthy because Dunamu is the operator of the nation’s largest cryptocurrency exchange, Upbit.This decision, led by Justice Oh Kyung-mi, marks the culmination of a legal battle that began with Song’s indictment in Dec. 2018, and it extends to the acquittal of the company’s Chief Financial Officer (CFO) and the head of the Data Value Team, who were jointly indicted.Photo by Tingey Injury Law Firm on UnsplashBackground of the caseSong Chi-hyung and his colleagues were alleged to have fabricated an account on Upbit between September and November 2017. They had been accused of feigning the deposit of assets valued at KRW 122.1 billion and then employing these fictitious funds to enable transactions among actual members.The prosecution also leveled fraud charges against them, claiming that the fabricated account was utilized to sell 11,550 bitcoins to 26,000 members, thereby generating KRW 149.1 billion.The Seoul Southern District Court, acting as the court of first instance, found them not guilty. The court reasoned that the evidence presented by the prosecution was insufficient to establish that the defendants actually deposited the assets in the account.Issues with the prosecution’s evidence gatheringThe Seoul High Court, serving as the appellate court, identified problems with the evidence provided by the prosecution, determining that part of it lacked credibility due to improper collection methods. Notably, the court observed that the prosecution had directed Dunamu employees to access their Amazon cloud server to download the account’s transaction history. However, since this remote server was not included in the search and seizure warrant, the court highlighted the illegitimacy of the evidence.The appellate court also pointed out another issue with the evidence: documents stored on the CFO’s USB drive. The prosecution did not follow the legitimate search process, which requires them to extract only data related to the allegations. Moreover, the prosecutors did not present a warrant when confiscating the laptop of the Data Value Team’s lead, further undermining the credibility of their evidence.The court further stated that even if the remaining evidence provided by the prosecution was considered viable, it was still insufficient to substantiate the prosecution’s accusations.The prosecution, disagreeing with the decision of the appeals court, had escalated the case to the Supreme Court. However, the highest court in the nation sided with the ruling of the appeals court, effectively upholding the decision made at the appellate level.

Korea’s FSC Embarks on Developing Regulatory Framework for VASPsThe South Korean Financial Services Commission (FSC) has taken a step towards the development of a virtual asset regulation system by seeking external parties to undertake a research project in this area, according to local news agency News1.Photo by Joshua Miranda on PexelsSecond phaseEarlier this month, the National Assembly passed the Virtual Asset User Protection Bill, aimed at protecting investors and preventing unfair trading practices. This legislative accomplishment, scheduled to go effective in July next year, is referred to as the “first phase” of virtual asset regulations. Building upon this foundation, the FSC has now shifted its focus to the “second phase,” which involves the regulation of virtual asset service providers (VASPs).Regulating VASP operationsOne primary concern regarding VASPs is the potential for conflicts of interest arising from their involvement in the issuance and distribution of virtual assets. In response, the FSC is determined to design a regulatory framework that covers a wide range of virtual assets, including stablecoins, security tokens, and utility tokens.In addition to this, the FSC intends to establish a system that governs advisory and disclosure businesses, which will play a crucial role in disseminating information about asset prices and disclosures.Moreover, the regulatory system will include guidelines for holding parties accountable in case of incidents and for overseeing the operations of VASPs to maintain a safe and fair market environment.The FSC acknowledges the significance of aligning policies with international standards. To achieve this, the commission will conduct an examination of virtual asset regulatory approaches taken by different countries and international organizations. Through this study, the FSC aims to integrate global best practices and approaches into Korea’s own regulatory framework for virtual assets.Once the study is complete, the FSC has to report the result to the National Policy Committee of the National Assembly by July 2024 before the Virtual Asset User Protection Bill goes into effect.

With local regulator the Securities and Futures Commission (SFC) having set out guidelines for crypto firms regarding the provision of crypto staking services, two prominent Hong Kong companies have moved forward with staking-related offerings. HashKey Capital, a crypto-focused institutional asset manager, and crypto trading platform OSL, have announced the addition of staking to an Ether exchange-traded fund (ETF) and in the case of OSL, a partnership with Kiln to offer ETH staking.Photo by Raymond Yeung on UnsplashFirst spot crypto ETF in APAC to support stakingIn a press release published on April 11, HashKey Capital outlined that its Bosera HashKey Ether ETF, which was jointly launched with Bosera Asset Management in April 2024, has received approval from the SFC to engage in Ethereum staking activity from April 25 onwards.  HashKey claimed that its ETH ETF product is the first spot crypto ETF within the Asia-Pacific (APAC) region to support staking. The company stated: “By enabling staking, the ETF aims to enhance potential returns for investors, creating a new avenue to participate in the Ethereum ecosystem through a regulated virtual asset investment vehicle.” The staking service will be extended to the ETF by another HashKey Group company, HashKey Cloud, a Web3 infrastructure provider. HashKey Capital and HashKey OTC Global CEO Deng Chao said that the institutional-grade staking infrastructure of HashKey Cloud was being leveraged in order to provide a secure, efficient and regulated vehicle to access staking rewards with ease to both professional and retail investors.  The ETF is listed on the Hong Kong Stock Exchange (HKEX). It tracks the price of Ether via the CME CF Ether-Dollar Reference Rate, a daily benchmark index price that aggregates Ether trade data from various sources. Competitive edgeBoth HashKey and the Hong Kong authorities have stolen a march on their international counterparts with the launch. In recent months, efforts have been building in the United States by spot ETH ETF providers to add a staking element to these offerings.Robert Mitchnick, head of digital assets at the world’s largest asset manager, BlackRock, told last month’s Digital Asset Summit in New York that the lack of availability of a staking yield as part of U.S. spot ETH ETFs is likely to be holding the development of the products back. He added:”A staking yield is a meaningful part of how you can generate investment return in this space, and all the [ether] ETFs at launch did not have staking.” HashKey and OSL were the first two entities to be issued trading licenses by the regulator in Hong Kong. OSL is also looking to take advantage of the new regulatory clarity related to crypto staking in Hong Kong. On April 10, it published a press release, outlining details of a partnership that it has formed with enterprise-grade staking infrastructure firm, Kiln. By integrating with Kiln’s API infrastructure, OSL is now enabled in offering clients of its custody platform access to staking services.Kiln co-founder and CEO Laszlo Szabo underscored the significance of regulatory approval of staking in Hong Kong, while stating:”With the future integration of staking, these products will offer investors both exposure to ETH price movements and rewards for securing the Ethereum network.”