HK Regulators Facilitate Dialogue between Banks and Crypto Enterprises

Korean Lawmakers Make Progress on Virtual Asset User Protection BillOn Tuesday, the subcommittee for legal deliberations under the South Korean National Assembly’s National Policy Committee reached a consensus during the first review of the Virtual Asset User Protection Bill, according to Yonhap Infomax.©Pexels/Andrea PiacquadioFirst review phaseThe bill is undergoing a two-phase review process before being legislated. During the first phase, the primary focus was on safeguarding customer assets and preventing unfair transactions. The second phase is expected to concentrate on market order regulations, including the issuance and disclosure of virtual assets.Application of Capital Markets ActSeveral stipulations were included in the approved draft of the Virtual Asset User Protection Bill during the initial review phase. These stipulations include prioritizing the application of the Capital Markets Act to virtual assets that are classified as securities, while excluding central bank digital currencies (CBDCs) from the definition of virtual assets to avoid any potential confusion. The bill also seeks to impose compensatory damages and penalties for any unfair trading practices, and establish a virtual asset committee responsible for investigating any unfair transactions in the digital asset market.The virtual asset committee will also engage in preliminary deliberations regarding the management, supervision, and monitoring of the digital asset market. The committee will carry out tasks assigned to it by the Financial Services Commission (FSC). Furthermore, the Bank of Korea has been granted the right to request data from virtual asset operators since virtual assets, although not currencies, are necessary to consider when establishing monetary credit and financial stability policies.No class action systemHowever, the introduction of a class action lawsuit system was not adopted, and details about inspecting virtual asset operators will be stipulated in a presidential decree rather than a law.Second review phaseFor the second review phase, the FSC will report several matters to the National Assembly. These will involve tasks such as establishing a regulatory framework for stablecoins, security tokens, and utility tokens. In addition, the agency will be responsible for creating a regulatory system for virtual asset valuation, advisory, and disclosure services, as well as an integrated computerized system that provides reliable and reasonable information on digital assets. The FSC will also explore ways to enhance the business conduct discipline of cryptocurrency operators by commissioning research from external organizations.Additionally, the FSC and the Financial Supervisory Service will work on supporting virtual asset exchanges to establish uniform standards for the circulation supply of virtual assets. The regulatory bodies will also enforce the requirement for transparent disclosure and strict internal control on virtual asset operators. Moreover, regulations will be developed to enhance virtual asset usability and remove any obstacles that may impede the development of innovative real-life services.

Further Trials Required Before Determination of eHKD Launch DateThe Hong Kong Monetary Authority (HKMA) is taking a cautious approach to the launch of its retail central bank digital currency (CBDC), the e-HKD, stating that it will only go live once key stakeholders have gained sufficient experience to compete effectively in the payment sector.Photo by Jimmy Chan on PexelsAwaiting greater clarityIn an interview with the South China Morning Post (SCMP) earlier this week, Eddie Yue, CEO of the HKMA, revealed that initial experiments with e-HKD have shown promise, but the central bank is still waiting for greater clarity on technological, legal, and societal aspects. The CBDC trial began in May, involving 16 commercial banks, payment providers, and gross settlement platform Ripple, with a focus on exploring various use cases.Yue emphasized that they are still in the early stages of the trial process. The central question remains finding a use case that outperforms current retail payment methods in terms of safety, speed, or convenience.Programmable paymentsAmong the use cases explored in the pilot, programmable payments have stood out. This functionality allows consumer funds to be restricted for specific purposes. Bank of China (Hong Kong) has been at the forefront of this study, allowing select users to make payments using the test CBDC.The potential applications of the CBDC extend to tokenized deposits and tokenized assets, the aspect of the project which Ripple has involved itself with. The HKMA has shown interest in tokenization, especially after the successful completion of Project Evergreen, a blockchain-based bond issuance project.While the domestic use of the CBDC faces challenges, the HKMA is actively considering its role in cross-border payments. The HKMA has been involved in the Bank for International Settlements (BIS) mBridge pilot, which is expected to release a minimum viable product (MVP) by 2024. It’s working alongside the Bank of Thailand and the central bank of the United Arab Emirates (UAE) on that project. Hong Kong and the UAE have been working towards strengthening financial cooperation in respect of crypto regulation.Following the achievements of the initial pilot, the HKMA is open to bringing in new participants. Rumors suggest that up to 20 central banks are closely monitoring the project’s developments.Collaboration with mainland ChinaRecent weeks have seen Hong Kong and China working on improving cross-border transactions. In July, it was announced that Chinese tourists visiting Hong Kong would be able to use their digital yuan wallets to pay for goods and services at select locations.Conversely, Hong Kong tourists visiting mainland China could use the digital yuan for retail transactions. A new upgrade will enable tourists to top up their digital yuan wallets using Hong Kong’s Faster Payment System (FPS) or major payment providers like Mastercard and Visa.While the exact launch date for e-HKD remains uncertain, the focus on practical use cases and technological advancements is expected to yield a robust and innovative CBDC for Hong Kong’s future. On the international front, the mBridge project is set to play a pivotal role in the broader adoption of CBDCs across borders, potentially revolutionizing global payment systems.

Legislator Invites Coinbase to Set Up Shop in Hong KongHong Kong continues to position itself as a favorable destination for the cryptocurrency industry, with the latest evidence of that coming in the form of an invitation to US-headquartered crypto exchange Coinbase to set up a base in the autonomous Chinese territory from one of its legislators.In a bold move showcasing its progressive stance on cryptocurrencies, Johnny Ng, a member of Hong Kong’s Legislative Council, has extended an invitation to Coinbase and other crypto exchanges to establish their operations in the region. Ng took to Twitter on Saturday to express his support and offer assistance to “all global virtual asset trading operators,” emphasizing the potential for stock listing opportunities.This invitation came at the end of a week which saw major industry players like Binance and Coinbase face legal action from the United States Securities and Exchange Commission (SEC).Photo by Ben Cheung on PexelsContrasting approachesHong Kong stands in stark contrast to the cautious approach adopted by many Western countries when it comes to cryptocurrencies. In January 2023, Paul Chan, Hong Kong’s Financial Secretary, reaffirmed the government’s commitment to building a robust ecosystem for crypto and fintech. Since then, Hong Kong has been actively developing regulations and implementing compliance measures to foster the growth of the cryptocurrency industry.Recently, the Hong Kong Monetary Authority (HKMA) announced its intention to lay the foundation for a retail central bank digital currency (CBDC). This initiative, revealed on June 9, aims to explore the benefits of CBDCs as a means of everyday payment transactions and to facilitate customer access to cryptocurrency exchanges.Crypto hub ambitionsNg’s invitation to Coinbase exemplifies Hong Kong’s ambition to become a leading digital hub for the crypto industry. Several crypto exchanges, including OKX and Huobi, have already applied for virtual asset service provider licenses in the region, demonstrating their confidence in Hong Kong’s favorable regulatory environment.Hong Kong’s crypto-friendly approach has also attracted interest from prominent international technology companies. In January, Samsung, the South Korean tech giant, announced plans to launch a Bitcoin futures active exchange-traded fund on the Hong Kong Stock Exchange.Furthermore, reports emerged in mid-February suggesting that Chinese government officials have granted strategic approval to Hong Kong’s pro-crypto initiatives. This recognition from Chinese authorities further underscores the significance of Hong Kong’s efforts in the crypto space and their potential impact on the broader digital currency landscape.Coinbase going globalLong before the arrival of last week’s lawsuit against Coinbase, the company had indicated that it was broadening its horizons. Some weeks back, SEC Chair Gary Gensler appeared on Capitol Hill in Washington, D.C., and Coinbase Founder and CEO Brian Armstrong chose that moment to outline that the company would look to operate overseas if the regulatory environment didn’t change in the US.In the intervening weeks, Coinbase has extended its product offering in Singapore, indicating its interest in establishing a base in Abu Dhabi while obtaining crypto licensing in Bermuda.With its proactive regulation, dedication to fostering industry growth, and growing interest from global players, Hong Kong is poised to become a prominent player in the cryptocurrency world. Despite the ongoing scrutiny faced by Coinbase and other exchanges in the United States, Hong Kong presents an attractive alternative for these companies to expand their operations and tap into the region’s thriving crypto ecosystem.