Connect with us

Crypto

Hong Kong’s Successful Approach To Cryptocurrency Regulation

Published

on

Hong Kong’s Successful Approach To Cryptocurrency Regulation

A number of measures show that Hong Kong is determined to foster a “vibrant ecosystem” for virtual assets and other related products.


Jill Wong, partner at law firm Reed Smith, writes about
how Hong Kong tackles regulating cryptocurrencies, a task
which involves judging how to balance innovation against
risk.


The editors are pleased to share these views and invites
readers’ responses. The usual editorial disclaimers apply. Email
tom.burroughes@wealthbriefing.com




Like many other jurisdictions, the initial response in Hong Kong
to the advent of bitcoin and other cryptocurrencies was to ask:
“what is this?” This has since evolved, although in the
initial stages of regulatory thinking virtual assets (VAs) were
regulated only to the extent that they fitted into existing laws
governing financial services. For example, VAs that resemble
traditional securities were treated as ‘securities’ or “futures
contracts’ under existing securities laws, and were subject
to the licensing, marketing and other requirements under Hong
Kong law.


However, as these laws were not formulated with VAs in mind,
there were VAs that did not fit neatly into traditional
definitions and so fell outside the regulatory net. The
securities regulator, the Hong Kong Securities and Futures
Commission (SFC), took steps to address this in the form of
public statements, warning the public that VAs, such as
cryptocurrencies, needed to be licensed. For instance, Initial
Coin Offerings could be seen as “collective investment
schemes,” and therefore required a licence under the
Securities and Futures Ordinance (SFO), whilst bitcoin futures
also required a licence under the SFO as “futures contracts.”

Advertisement


Matters accelerated in 2018 when the SFC expanded its regulatory
oversight to cover existing SFC licensees who were portfolio
managers and distributors of VA funds. This was a significant
step in bringing greater oversight and stability to the VA
ecosystem.


The SFC issued a position paper in 2019, outlining a new
framework for regulating centralised VA trading
platforms (VATPs). VATPs that provide trading services in both
non-security VAs and security VAs would fall within the
regulatory net of the SFC. However, a loophole existed: VATPs
that only dealt with non-security VAs remained unregulated.


This was soon dealt with. In June 2023, after extensive
consultation, Hong Kong enacted a comprehensive licensing regime
for VATPs. Under this regime, VATPs performing activities in
non-security VAs are required to obtain a VATP licence under the
Anti-Money Laundering and Counter-Terrorist Financing Ordinance
(AMLO).


The current position and outlook

Hong Kong has ambitions to be a VA hub. It is already moving in
the right direction, with the UN Trade & Development Report in
2023 ranking Hong Kong ninth in the world in terms of its
preparedness for frontier technologies. Hong Kong’s commitment to
innovation (while giving due protection to investors) and a
crypto-friendly legal framework have also positioned the
territory as a global leader in the VA space.


Hong Kong regulators continue to supplement the current framework
for VAs. This includes introducing licensing regimes for issuers
of fiat-referenced stablecoins and over-the-counter trading in
VAs. The regulators have already completed public consultations
on these regulatory proposals and plan to introduce the relevant
legislation soon.

Advertisement


Hong Kong also became the first jurisdiction in Asia to offer
retail investors the ability to trade spot bitcoin and Ether
ETFs, pioneering an in-kind redemption mechanism. This provided
investors with additional flexibility to buy and sell shares of
crypto tokens with a portfolio of securities, financial
derivative instruments or VAs instead of cash.


This is a pivotal move to integrate VAs into mainstream financial
products in Hong Kong. The inclusion of Ether also opens the door
for new ETFs tracking other major cryptocurrencies. This will
further diversify the offerings of exchange-traded products in
Hong Kong which now include a metaverse ETF, a blockchain
ETF and some VA futures ETFs.


Hong Kong is also investing heavily in fintech, a key driver for
the city’s competitive advantage. For example, the Hong Kong
government has commissioned the Hong Kong Monetary Authority
(HKMA) to subsidise training costs for eligible practitioners in
the finance sector under the Fintech Subsidy Scheme.


The latest 2023 “Fintech Promotion Roadmap” outlined five key
pillars for development, emphasising the adoption of fintech
solutions across Hong Kong’s banking industry, expanding the
fintech-savvy workforce, and enhancing data infrastructure.
At the same time, the HKMA’s exploration of a retail Central Bank
Digital Currency, the e-HKD, reflects the regulator’s commitment
to staying at the forefront of digital currency innovation.


Earlier this year, the HKMA launched a stablecoin
“sandbox.” This allows prospective issuers to conduct
experiments under relaxed regulatory settings and will facilitate
dialogue between the issuers and regulators. A high-profile
example is a fintech firm, founded by a former senior regulator,
actively working on a Hong Kong dollar-backed stablecoin,
partnering with prominent players in the digital payments and VA
sectors to explore the use of its stablecoin in retail and
cross-border payments.

Advertisement


Legal advantages?

Hong Kong’s legal system also provides a favourable environment
for the VA industry. Cryptocurrencies have been recognised by
Hong Kong courts as ‘property’ which can be the subject of a
trust in a liquidation context. The courts have also granted
freezing injunctions over cryptocurrencies as asset preservation
measures. These rulings provide welcome certainty for traders and
investors.


That said, while Hong Kong can be viewed as a crypto-friendly
jurisdiction, it is not an “easy” jurisdiction for regulatory
arbitrage. The current VATP licensing regime is stringent and
robust (some argue too stringent). The existing licensing regime
sets out detailed criteria for applicants’ financial resources,
management and governance structure, VA token admission
requirements, client assets custody, and anti-money laundering
and counter-terrorist financing policies.


The SFC has also reiterated that VATPs cannot serve mainland
Chinese residents. These exacting requirements and the lack of
access to mainland customers may have prompted several major
exchange players to withdraw their VATP licence applications.


However, a robust regulatory regime is arguably a necessary
foundation for sustainable growth. It gives credibility to
businesses that commit to compliance and boosts investor
confidence. This would explain the undiminished interest in Hong
Kong amongst the 17 would-be VATPs waiting to be licensed.


Is Hong Kong edging out the competition?

Traditional financial institutions interested in VA distribution
or fund management should be encouraged by recent moves by the
HKMA and SFC. In December 2023, the HKMA and SFC issued the third
joint circular on intermediaries dealing with VAs, expanding the
way for brokers, advisors and fund managers to provide VA-related
services.

Advertisement


There are additional guardrails for investor protection: most
VA-related products are likely to be considered as complex
products and, except in limited circumstances, distributors will
therefore need to comply with existing requirements for sales of
complex products. This includes a suitability assessment of the
VA-related product for the investors.


Only professional investors would have access to these
products. However, there are some options for retail
investors because they can trade VA-related products that are
traded on the Hong Kong Stock Exchange and some other specified
exchanges and the VA funds that are authorised by the SFC for
public offering. This should be a major boost to the VA markets
in Hong Kong.


In addition, the SFC has already greenlighted 25 funds allowing
them to have portfolios that invest more than 10 per cent in VAs.


Traditional banks and securities brokers can also offer VA
dealing services through partnerships with SFC-licensed VATPs.
Several securities brokers have already obtained the go-ahead
from the SFC and, whilst there are currently only two licensed
VATPs, there are likely to be more in future.


These measures demonstrate Hong Kong’s determination to foster a
vibrant ecosystem for VAs, innovative products, and those
that distribute, manage and invest in them. The global
marketplace is competitive, but Hong Kong has positioned itself
at the forefront of this global market and is well-placed to reap
the rewards in the coming years.

Advertisement




Disclaimer: This is for information only and is not
legal advice. 

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Crypto

Bitcoin drops to $63,000 as U.S. and Israel launch strikes on Iran

Published

on

Bitcoin drops to ,000 as U.S. and Israel launch strikes on Iran

Bitcoin briefly reclaimed $65,000 before pulling back to $64,700 as the Iran conflict continued to escalate through Saturday.

Iranian state media reported at least 70 killed in its Hormozgan province, per Aljazeera, including a strike on an elementary school. Israel activated air raid alerts after detecting fresh missile launches from Iran.

Trump told the Washington Post that “all I want is freedom for the people.” NATO said it was “closely following” developments, China urged an immediate ceasefire, and Turkey offered to mediate.

Bitcoin’s inability to hold $65,000 on the bounce suggests sellers remain in control, but the relative stability given the severity of the headlines points to thin weekend order books rather than active selling pressure.

Headline risks persist for BTC traders as the U.S. day progresses.

Advertisement

What happened earlier

Earlier in the day, BTC neared $63,000 in Saturday trading after the U.S. and Israel launched military strikes on Iran, pushing the largest cryptocurrency down roughly 3% in a matter of hours and extending what had already been a difficult weekend for risk assets.
The move brought bitcoin to its lowest level since the Feb. 5 crash, when the token briefly dipped below $60,000.

Israeli Defense Minister Israel Katz declared an immediate state of emergency across all areas of Israel. A U.S. official confirmed American participation in the strikes, The Wall Street Journal reported.

The sell-off follows a well-established pattern. Bitcoin trades 24 hours a day, 7 days a week, while equity and bond markets are closed on weekends.

That makes it one of the only large, liquid assets available for traders to sell when geopolitical risk spikes outside of traditional market hours.

The result is that bitcoin often acts as a pressure valve for broader risk-off sentiment during weekend events, absorbing selling that would otherwise spread across equities, commodities, and currencies if those markets were open.

Advertisement

The attack risks a wider regional conflict in one of the most economically sensitive parts of the world, following a month-long U.S. military buildup and failed negotiations over Iran’s nuclear program.

Continue Reading

Crypto

Better Cryptocurrency to Buy With $5,000 and Hold Forever: XRP vs. Ethereum | The Motley Fool

Published

on

Better Cryptocurrency to Buy With ,000 and Hold Forever: XRP vs. Ethereum | The Motley Fool

Both Ethereum (ETH 6.03%) and XRP (XRP 3.76%) are tried-and-tested blockchains which have survived (and sometimes thrived) for years on end. That means they’re both sturdy enough to be candidates for a big investment, like $5,000, and for holding over the very long term, or even forever.

So which of these two leading coins is the better option for a forever hold?

Image source: Getty Images.

Ethereum has more ways to grow

Forever is a long time, especially for an investment in an emerging sector like crypto. Therefore, an asset’s optionality regarding where it can derive growth is a key factor, as today’s growth drivers might peter out and new ones are likely to emerge.

On that front, Ethereum has plenty of options. It already hosts a large decentralized finance (DeFi) ecosystem worth more than $53 billion today, powered by a massive stablecoin base of $159 billion. That existing base of capital is a strategic asset because it gives developers and financial institutions a reason to build new products right where liquidity already lives. It also gives investors exposure to many possible growth lanes at once, from the onboarding of tokenized real-world assets (RWAs) to the development of new settlement rails for payments between AI agents.

Advertisement
Ethereum Stock Quote

Today’s Change

(-6.03%) $-123.58

Current Price

$1924.97

Another advantage is that Ethereum has a track record of consistently shipping large protocol upgrades. The Pectra upgrade, for example, landed on the mainnet in May 2025, followed by the Fusaka upgrade in December. Two similarly large feature packages are expected for 2026, and they should help to build the chain’s ability to scale up without spiking transaction costs.

If you plan to hold an asset indefinitely, this network’s culture of iterative improvement reduces the risk that its technical capabilities will become irrelevant as emerging opportunities for growth arise. Its habit of attracting and retaining substantial capital also helps prevent that outcome.

XRP has to keep winning specific fights over time

XRP is not a bad crypto asset by any means, but its long-term burden is its far narrower positioning than Ethereum.

Ripple, the coin’s issuer, built the XRP Ledger (XRPL) ecosystem as a toolkit of financial technologies to support specific workflows in institutional finance, especially cross-border payments and money transfers, and, more recently, the management of tokenized asset capital. The coin’s value is thus derived from the utility of its ledger.

Advertisement

That focus could pay off if the financial companies the chain targets like what it’s offering, but it also concentrates risk. Financial institutions move cautiously, and winning them over is a slow, grinding process of catering to their needs and building strong relationships. Their technology adoption process can stall for years, even when the product works, and decision-makers broadly want to adopt the new tech.

To Ripple’s credit, the XRP Ledger includes plenty of features that match institutional requirements and seek to minimize their potential pain points. The network’s authorized trust lines, for instance, let tokenized asset issuers whitelist who can hold their issued tokens, which is a feature that supports regulatory constraints around who can legally custody an asset. Similarly, the ledger supports freezing tokens when suspicious activity appears, which is a control that traditional finance teams tend to expect in regulated asset workflows.

XRP Stock Quote

Today’s Change

(-3.76%) $-0.05

Current Price

$1.35

Advertisement

But holding a coin forever is unforgiving of sustained competitive pressure, which XRP doubtlessly faces. Its competitors include fintech companies and other cryptocurrencies, not to mention the internal tech development capabilities of many of its target users in big banks. So it’ll need to continuously one up the other players in its space if it’s going to grow over the long term, and it’s hard to believe that it’ll win every round that counts.

The verdict

The decision here is about resilience and resources.

Advertisement

Ethereum’s “grizzled veteran” reputation today stems from surviving numerous shifts in user demand patterns while maintaining a large on-chain capital pool and growing it all the while. Its success or failure in any given crypto market segment is not guaranteed, nor was it in the past, but its constant evolution has ensured that failures are not fatal, and also that missed opportunities aren’t very damaging overall.

XRP, on the other hand, is only just starting to scale up its on-chain capital base; it has only $418 million in stablecoins. Furthermore, while it has succeeded in attracting some financial institutions to its chain, the truth is that its growth trajectory has not yet been seriously tested, and is still finding an appropriate product-market fit. Its real competitive challenges have only just begun.

So if you want a coin to buy with $5,000 and hold forever, pick the asset that can win without needing to be perfect: Ethereum. XRP is still a decent long-term hold, assuming it’s part of a diversified crypto portfolio, but it’s riskier.

Continue Reading

Crypto

Debate Brews Over Crypto Kiosks As Lawmakers Consider Potential Ban

Published

on

Debate Brews Over Crypto Kiosks As Lawmakers Consider Potential Ban

Lawmakers Consider Crypto ATM Ban as Scam Losses Rise — Including in Central Minnesota

Minnesota lawmakers are considering banning cryptocurrency kiosks as scam losses continue to rise across the state—including in Central Minnesota.

There are currently about 350 crypto kiosks operating statewide, located in places like gas stations, convenience stores, and grocery stores. These machines allow users to deposit cash and convert it into cryptocurrency, which can then be sent electronically.

Law enforcement officials say scammers are increasingly directing victims to use these kiosks because once the money is sent, it is extremely difficult—if not impossible—to recover.

Police say scams often begin with a phone call, text, or online message. In many cases, scammers pose as government officials, tech support workers, or even romantic partners. Victims are eventually told to withdraw cash and deposit it into a crypto kiosk to “protect” their money or resolve a supposed emergency.

Central Minnesota has seen similar cases. Because St. Cloud serves as a regional hub for shopping and services, crypto kiosks are available locally, giving scammers access points to target area residents.

Advertisement

Some say kiosks also serve legitimate users

Despite the concerns, crypto kiosks do offer legitimate benefits. They allow people to purchase cryptocurrency quickly using cash, without needing a traditional bank account, credit card, or online exchange. Supporters say this can make cryptocurrency more accessible, especially for people who prefer cash transactions or have limited access to banking services.

Crypto kiosks can also be used to send money quickly, including international transfers, without relying on traditional wire services. Some users view them as a convenient way to invest in cryptocurrency or move money electronically without going through a bank.

Companies that operate the machines say the vast majority of transactions are legitimate and that kiosks include warnings about scams. They argue the focus should be on stopping scammers, not banning the machines entirely.

Lawmakers weighing next steps

Supporters of the proposed ban say removing the kiosks could help prevent fraud and protect vulnerable residents, particularly older adults. Law enforcement officials told lawmakers that crypto kiosk scams have resulted in significant financial losses statewide.

Minnesota passed regulations in 2024 requiring some safeguards, including limits on deposits for new users and refund requirements in certain fraud cases. But officials say scammers have continued to adapt.

Advertisement

The bill remains under consideration at the Capitol.

In the meantime, authorities urge Central Minnesota residents to be cautious. Officials emphasize that legitimate government agencies, law enforcement, and businesses will never ask someone to deposit cash into a cryptocurrency kiosk.

As cryptocurrency becomes more common, lawmakers are now weighing whether the risks to consumers outweigh the convenience and accessibility these machines provide.

10 (More) Hilariously Bad Google Reviews of Central MN Landmarks

Advertisement
Continue Reading

Trending