Korean Financial Regulator to Inspect Non-Fiat Crypto Trading Platform

The Hong Kong Monetary Authority (HKMA) has outlined that it has established a community initiative relative to its recently launched Project Ensemble tokenization market development effort. 'Project Ensemble Architecture Community'In a press release on May 7, the Hong Kong regulator set out the establishment of the “Project Ensemble Architecture Community.” Project Ensemble was launched two months ago on March 7. At the time, the regulator described the project as “a new wholesale central bank digital currency (wCBDC) project to render support to the development of the tokenisation market in Hong Kong.” The HKMA is trying to create an environment in which it can “develop standards” for the emerging tokenization market, with particular emphasis on the use of a wholesale central bank digital currency (wCBDC). The Chinese autonomous territory’s central bank has launched the “Project Ensemble Architecture Community,” with a view towards supporting interoperability between a wholesale CBDC, tokenized money and tokenized assets. The HKMA has outlined the community's primary objective, stating it aims to provide recommendations on various topics, with initial emphasis on devising a mechanism to facilitate seamless interbank settlement of tokenized deposits through wCBDC for tokenized asset transactions.Photo by Jimmy Chan on PexelsPublic and private sector participantsFurthermore, the working group intends to support the design and execution of Project Ensemble. Notable participants in the "Architecture Community" include the HKMA itself, Hong Kong’s other financial regulator, the Securities and Futures Commission (SFC), the BIS Innovation Hub Hong Kong Centre, the CBDC Expert Group and seven private sector entities.  Among these are Bank of China (Hong Kong), Hang Seng Bank, HSBC, Standard Chartered Hong Kong, HashKey Group, Ant Digital Technologies and Microsoft Hong Kong. Hashkey Group owns one of two Hong Kong-regulated cryptocurrency exchanges, HashKey Exchange. It also runs a brokerage, asset manager and tokenization platform, amongst other entities. Ant was recently involved in a tokenized deposit trial with HSBC. Regulatory sandboxOne of the first matters on the agenda for the newly-formed Community is to make recommendations about using a wCBDC for interbank settlement of tokenized deposits. Following that, the project plans to work towards the design and implementation of the Project Ensemble Sandbox which will launch in the coming months. The HKMA has been actively testing its CBDC and commenced the second phase of the e-HKD pilot in March. This phase of the pilot program is slated to extend until mid-2025. The journey towards exploring CBDCs in Hong Kong dates back to 2017, with the authorities intensifying their focus on researching a potential e-HKD in 2021, spanning both wholesale and retail levels. With the participation of key stakeholders from both the public and private sectors, including leading financial institutions and technology firms, the initiative appears to be well-positioned to drive innovation and address the evolving needs of the financial industry in Hong Kong.

The Japanese Financial Services Agency (FSA), a government body that oversees banking, securities and the digital assets market in Japan, is gearing up to approve the country’s first stablecoin pegged to the yen. Local media platform Nikkei reported on Aug. 18 that it is anticipated that the FSA will approve the issuance of the JPYC stablecoin in the coming months.Photo by Dayo Adepoju on UnsplashEfficient payment infrastructureJPYC, Inc. was founded by Noritaka Okabe in 2019, establishing the JPYC yen-pegged stablecoin in 2021. Okabe believes that the company can better enable innovation in Japan through a more efficient payment infrastructure that JPYC claims to provide via its stablecoin. Prior to launching the stablecoin, JPYC had entered into proof-of-concept and regulatory discussions with the FSA. The JPYC stablecoin has almost complete market dominance within its domestic market, with stablecoins to the value of 30 billion yen ($202.7 million) having been issued. In 2022, JPYC registered with the FSA as a third-party prepaid payment instrument service provider. It’s understood that the company will seek registration once again within the month, this time as a money transfer business. Japan’s Payment Services Act recognizes the issuance of stablecoins by banks, trust companies and money transfer businesses. JPYC backs its stablecoin with liquid assets such as Japanese government bonds and bank deposits. Growing stablecoin importanceOn a global basis, the leaders in terms of stablecoin market capitalization are Circle (USDC) and Tether (USDT), both U.S. dollar-pegged stablecoins. The U.S. recently enacted its GENIUS Act stablecoin legislation with many politicians and market commentators taking the view that USD-pegged stablecoins will promote ongoing use of the U.S. dollar internationally.U.S. Treasury Secretary Scott Bessent took to X on Aug. 18 on that topic, stating:”Stablecoins will expand dollar access for billions across the globe and lead to a surge in demand for U.S. Treasuries, which back stablecoins.”Foreign governments are starting to see the significance of supporting stablecoins pegged to their country’s sovereign currency. The ongoing development of U.S. dollar-pegged stablecoins has not escaped the attention of Chinese officials. In July, government officials in Shanghai held a meeting to explore policy strategies for stablecoins. The same month, Darryl Chan, Deputy Chief Executive of the Hong Kong Monetary Authority (HKMA), said the authority was likely to issue its first stablecoin license in early 2026. His comments preceded the rollout of Hong Kong’s stablecoin regulatory framework on Aug. 1. Last week, JPYC’s Okabe said that JPYC would soon start "buying up Japanese government bonds.” He added, “The interest rates on government bonds in countries where stablecoin issuance does not grow will likely continue to rise. It’s no exaggeration to say that the interest rates on Japanese government bonds rest on JPYC’s shoulders.” Okabe is also going out of his way to draw a clear distinction between his company’s stablecoin and cryptocurrency. On X, he stated that “JPYC is an electronic payment method, not a cryptocurrency.” He went on to assert that given that the JPYC stablecoin is a currency-denominated asset whose value is linked to fiat currency, it incorporates the best qualities of both digital cash and deposits.

Singapore Judge Says Crypto Not MoneyIn recent years, legal processes in various jurisdictions worldwide have seen judges comment on whether cryptocurrency is actually money. The latest such determination has been made by Justice Vinodh Coomaraswamy who outlined in a Singapore court that while being a component of financial transactions, cryptocurrencies are not money.The consideration emerged in a recent court hearing at Singapore’s High Court in a case involving the Algorand Foundation and failed Singapore-based hedge fund, Three Arrows Capital (3AC). Justice Coomaraswamy’s comments arose due to a discussion in the midst of the court proceedings involving the Judge and counsel representing the Algorand Foundation.©Pexels/EKATERINA BOLOVTSOVASeashells as moneyIn setting out his rationale for the need for 3AC to be wound up, Daniel Chan, a lawyer for the WongPartnership law firm that was representing the Algorand Foundation in the proceedings, told the judge that despite foreign currencies not being recognized as legal tender in Singapore, or used broadly as a medium of exchange within the city state, those foreign currencies are recognized by Singapore law as money. Using that analogy Chan suggested that by implication, the same scenario should be considered where cryptocurrencies are concerned.The judge provided a counterpoint: “What if you had a [community] in the world that used seashells as its internal medium of exchange? Would the Singapore courts have to recognize that as money.” Chan claimed that the judge had used an extreme example although Coomaraswamy remained steadfast in his view, pointing out that seashells had indeed been used as a form of money in the distant past.Coomaraswamy proceeded to dismiss the Algorand Foundation’s winding up application. He acknowledged that the Foundation did have standing in bringing the application. However, as he determined that cryptocurrency couldn’t be classed as money, on that basis he dismissed the application. In conveying his decision, he stated: “The word indebtedness, in my view, must require a debt which is in fiat currency. Determining whether or not a particular intangible, such as cryptocurrency, is money would require a detailed examination of evidence which is not appropriate in the context of insolvency.”Legal tenderThus far, bitcoin has been recognized as legal tender in two countries — El Salvador and the Central African Republic. In 2020, a French court referred to the leading cryptocurrency as money, agreeing that Bitcoin loans can be recognized as customer loans in the same way as loans denominated in fiat currencies. Earlier that year, an Australian court recognized bitcoin as a legally legitimate form of investment. In the United States, a Federal court recognized bitcoin as “money” or “funds” in a prosecution taken against Silk Road website operator Ross Ulbricht.There have been many similar instances in courts globally where judges have had to grapple with the consideration of whether bitcoin and crypto more generally can be regarded as money. Similar to the difficulty authorities are having in regulating cryptocurrency, it’s an issue that in most cases lacks complete clarity and in which we can expect further discussions on, similar to this most recent consideration in the Singaporean high court.