Hong Kong releases ‘LEAP’ framework for digital assets

Korea’s Legislative Research Body Suggests Expanding Blind Trust System to Include CryptoThe National Assembly Research Service (NARS) of South Korea last Friday issued a report emphasizing the need to broaden the scope of the country’s blind trust system for public officials. Currently, this system primarily covers traditional stocks, but the report highlights the necessity of extending its coverage to include cryptocurrencies.Photo by O-seop Sim on PexelsPublic Service Ethics ActUnder the existing Public Service Ethics Act, public officials holding a rank of 4 or higher within the finance department of the Ministry of Economy and Finance and the Financial Services Commission are mandated to either divest themselves of stocks linked to their official duties and responsibilities or transfer them into a blind trust if the total value of these stocks exceeds KRW 30 million (about $23,000).Blind trustA blind trust is a mechanism through which a public official transfers their stock holdings to a trustee. Subsequently, the trustee handles these entrusted stocks by exchanging them for other assets and overseeing their management, administration, and disposition. Importantly, the original owner of the stock, who is the public official, is barred from participating in these aspects of the trust and is also kept uninformed about the trust property’s status or details.Debate over expansionThe current policy confines the blind trust framework exclusively to stocks. Nevertheless, there is an ongoing debate advocating for the inclusion of other assets, such as virtual assets and real estate, within its scope. The rationale behind this argument is that these types of assets can also potentially give rise to conflicts of interest. However, counterarguments have been raised, expressing concerns that extending the blind trust to these assets could excessively limit the property rights of public officials. Consequently, as of now, this broader application has not been implemented.Comparison with the USThe Korean blind trust system was inspired by the United States’ Ethics in Government Act of 1978, which does not limit the types of assets that can be included in a blind trust. In the US, a blind trust can encompass not only stocks but also bonds, mutual funds, virtual assets, and real estate. In light of this, the report recommends the expansion of the blind trust system to encompass virtual assets and real estate. This step is proposed to prevent conflicts of interest among public officials pertaining to a wider array of asset types.Enhancing trustee discretionMeanwhile, NARS also argued for broadening the trustee’s discretion in trust management to render the system more reasonable. This stems from the concern that the existing uniform property sale approach could lead public servants to incur losses. NARS has proposed potential solutions, such as extending the time limit for property sales or mandating the sale of only a portion of the assets, as viable options to address this issue.

Blockstream, a blockchain technology firm headquartered in British Columbia, Canada, has moved to expand its activities in Japan with the opening of a new office and the announcement of a partnership with local companies. The infrastructure development company has partnered with Diamond Hands and Fulgar Ventures, CoinDesk Japan reported. Diamond Hands is a Japan-based company involved in providing Bitcoin-related products. It helps companies to integrate Bitcoin and lightning payments into their services. Based in Wilmington, Delaware, Fulgur Ventures invests in early-stage startups. It is particularly focused on Bitcoin and Lightning Network-related projects.Photo by David Edelstein on UnsplashBootstrapping brand awareness Fulgur Ventures is Blockstream’s largest shareholder. The objective is to bootstrap brand awareness within Japan using these partnerships with local companies. To that end, Diamond Hands CEO Koji Higashi will become Blockstream’s brand ambassador. It’s thought that efforts will be made going forward to further expand partnerships with local Japanese companies. Blockstream announced in a press release that it aims to drive adoption of self-custody technologies and Bitcoin layer-2 innovations within the East Asian country. Furthermore, it plans to drive adoption of real-world asset (RWA) tokenization. Commenting on the development, Blockstream Founder and CEO Adam Back stated:"With increased regulatory clarity and rising institutional interest in Bitcoin now is the moment for Blockstream to establish a direct presence in Japan, one of our most important markets." Back added that the company is looking forward to “empowering Japanese enterprises and individuals to fully harness Bitcoin as the foundation for a financial future that's secure, scalable and decentralized.” Tokyo office Another aspect to the expansion involves the opening of an office in Tokyo by Blockstream.  Adam Back is a Bitcoin OG who has often been the subject of speculation in attempts to identify pseudonymous Bitcoin founder Satoshi Nakamoto. Back proposed Hashcash, a proof-of-work-based system and forerunner to Bitcoin, in 1997. The Japanese corporate world has demonstrated its interest in Bitcoin in recent months, with local company Metaplanet launching an ambitious plan to acquire 21,000 Bitcoin by 2026, having adopted the Bitcoin playbook pioneered by American business intelligence and Bitcoin development company MicroStrategy. Blockstream’s investment arm, Blockstream Capital, has also been active in the market. Last month, the company invested $75 million into crypto custodian Komainu. Komainu is a joint venture between CoinShares, Ledger and Japanese global financial services company Nomura.  The same month, the company launched two institutional-grade Bitcoin investment funds. The funds, Blockstream Income Fund and Blockstream Alpha Fund, have been devised to cater to a growing demand from institutions for transparent, regulated and secure financial products. A third fund, Blockstream Yield Fund, is due to launch later this year. It will offer Bitcoin holders consistent, low-risk returns on their holdings. Blockstream was founded in 2014. In its earlier years, the company has served as a technology provider relative to the Liquid Network. In Core Lightning, it has developed a well-recognized implementation of the Lightning Network protocol.  To facilitate Bitcoin holders in terms of self-custody of the leading crypto asset, Blockstream developed Blockstream Jade, a hardware wallet built on open-source software. The device offers air-gapped functionality, meaning that users can perform transactions without connecting the device itself directly to the internet.

The Current Status of Crypto in AsiaWith the United States having taken a very harsh line relative to cryptocurrency of late, there has been a lot of chatter surrounding the likelihood of Asia driving crypto forward. With that in mind, we’ve taken a look at the state of crypto in a number of Asian countries.©Pexels/RODNAE ProductionsJapanJapan is among the most crypto-friendly developed nations globally, having acknowledged Bitcoin as a legal payment mode and regulated crypto exchanges in 2017. Bitflyer and Bitbank are among the crypto exchanges operating in Japan, which currently has over 23 authorized crypto exchanges.The country aims to balance consumer protection and innovation by requiring crypto exchanges to register with the FSA, comply with stringent rules on security, anti-money laundering, and reporting, undergo regular FSA audits and inspections, and be part of the Japan Virtual Currency Exchange Association (JVCEA) for self-regulation.Despite being regulated, Japan’s crypto market is lively, with the Yen ranking second for Bitcoin trading volume by currency. The country has a flourishing crypto community, including blockchain firm LayerX, which requires ChatGPT expertise. Japan is also exploring the potential of central bank digital currencies (CBDCs) and plans to launch a pilot program with private sector partners in 2023 to test their feasibility for various use cases, aligning with the country’s strict approach to crypto.Japan’s crypto taxation is unfavorable, with crypto gains taxed at the same rates as regular income, potentially reaching up to 55% for higher income brackets. However, Japan is one of the few countries with comprehensive guidelines on crypto taxation, with the NTA providing a detailed document that explains different types of transactions and their corresponding tax calculations.ChinaChina’s ban on crypto mining led to many miners moving their operations overseas or selling their equipment at a loss. However, China’s crypto-mining industry bounced back, with a 21% share of the global hash rate. While China has a competitive advantage in cheap electricity, regulatory risks remain.China’s digital yuan is a legal tender fully backed by the People’s Bank of China (PBOC) and pegged to the renminbi. Unlike most cryptocurrencies, it is not decentralized or anonymous but is monitored by the PBOC. Adoption has been slow despite various partnerships and pilot tests, including with WeChat Pay.China is working with other countries on the Multiple CBDC Bridge project to explore the feasibility of cross-border fund transfers among different currencies. Launching its own CBDC may allow China to reduce its reliance on the US dollar and increase its influence over global trade and monetary policy. However, the success of that endeavor is questionable.Hong KongHong Kong is a crypto-friendly jurisdiction that faces banking access and mainland influence challenges. Despite difficulties opening local bank accounts after the closure of two crypto-friendly banks, Hong Kong remains committed to fostering its fintech hub status.The government proposed allowing retail investors to trade cryptocurrencies and ETFs and reviewing property rights for tokenized assets while considering legalizing smart contracts. Crypto purchases for all citizens are due to be legalized in June 2023. These measures should attract more investors and businesses to the city’s crypto industry.Nonetheless, Hong Kong must overcome hurdles regarding banking access and regulatory uncertainty from mainland China to maintain its attractive status for crypto businesses and investors.SingaporeSingapore has a supportive crypto ecosystem and regulations with low tax rates, favorable policies, strong financial center reputation, and proximity to other Asian markets. Notable international crypto players with offices in Singapore include Coinbase, Crypto.com and Kraken.However, Singapore imposes strict rules on crypto service providers to prevent illicit activities, requiring digital payment token (DPT) services to obtain a license under the Payment Services Act or face fines and jail time. Singapore’s crypto industry also faces competition from other jurisdictions, such as Hong Kong and the UAE, offering tax incentives and favorable legal frameworks.IndiaIndia’s crypto industry faces uncertainties due to the lack of a clear regulatory framework and frequent changes in the government’s stance. Despite having a large tech-savvy population and an active crypto community, the industry struggles with regulatory compliance and legal risks. In 2018, the Reserve Bank of India’s ban on banking channels cut off many crypto businesses and users.The Supreme Court of India later overturned the ban, but draft bills to ban or regulate crypto have since been proposed without official introduction or passage. India recently imposed a preemptive ban on crypto advertising and sponsorships and is exploring the integration of a CBDC. India’s position on crypto leans toward the anti-crypto side, just short of an outright ban.For brevity, we’ve confined discussion to these five Asian venues. However, it would be remiss of us not to mention that Vietnam has one of the highest levels of crypto adoption in the world while having a crypto trading ban in place. Not so in South Korea where crypto trading is legal, with strict regulation having been put in place. Meanwhile, Thailand’s Securities and Exchange Commission (SEC) has approved four cryptocurrencies as tradable assets, with crypto trading in the country having a legal status.It’s difficult to figure out precisely how crypto will develop geographically but it seems certain that its future will be molded to some extent in Asia.