Crypto

Hong Kong’s Successful Approach To Cryptocurrency Regulation

Published

6 months ago

July 9, 2024

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.”

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.

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.

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.

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.

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

Crypto

U.S. Senate to Launch Cryptocurrency Subcommittee, Lummis Tapped as Chair

Published

8 hours ago

January 10, 2025

Press Room

U.S. Senate to Launch Cryptocurrency Subcommittee, Lummis Tapped as Chair

The U.S. Senate Banking Committee, under the leadership of Senator Tim Scott (R-S.C.), is poised to establish a dedicated cryptocurrency subcommittee to advance discussions on digital asset regulation and industry oversight, according to a report by Fox News.

The formation of this subcommittee, modeled after a similar House panel created in 2023, marks a pivotal step toward a more structured approach to crypto legislation at the federal level.

A Senate aide told Fox News that Wyoming Senator Cynthia Lummis, a staunch advocate for cryptocurrency, is the tentative choice to chair this groundbreaking panel. The selection of Lummis, pending a committee vote next Thursday, signals a shift in the Senate’s approach to digital assets. Alongside her nomination, the subcommittee members, representing both Republican and Democratic sides, will also be finalized through the same voting process.

Lummis, known for her vocal support of Bitcoin, has described the asset as “freedom money” and has advocated for its potential to hedge against inflation and enhance financial independence.

She previously proposed a plan for the US to acquire a significant stake in the total Bitcoin supply through a 1-million-unit purchase program over a set period. “Establishing a strategic Bitcoin reserve to bolster the U.S. dollar with a digital hard asset will secure our nation’s standing as the global financial leader for decades to come,” Lummis said at the time.

Her leadership could steer the subcommittee toward developing a more balanced regulatory framework, fostering innovation while ensuring market integrity.

Senator Tim Scott first hinted at the possibility of forming a crypto-focused subcommittee during the Wyoming Blockchain Symposium last August. “Wouldn’t it be kind of cool if we had a subcommittee on the Banking Committee… so that we bring more light to the conversation, more hearings on the industry, so that we get things done faster?” Scott remarked, highlighting his vision for streamlined legislative action.

This move comes as Scott replaces outgoing Chair Senator Sherrod Brown (D-Ohio), who maintained a more critical stance on cryptocurrency. Brown frequently called for stricter oversight, citing concerns about crypto’s role in enabling illicit activities and circumventing sanctions. The change in leadership, coupled with the creation of a dedicated subcommittee, could lead to a friendlier regulatory environment for digital assets under the new administration.

Notably, the subcommittee will include other crypto-friendly lawmakers such as Senator Bill Hagerty (R-Tenn.) and newly elected Senator Bernie Moreno (R-Ohio), both vocal supporters of blockchain technology and cryptocurrency. Moreno, who defeated Brown in the November elections, has vowed to champion crypto-friendly policies in the Senate.

Crypto Regulators Depart Amid Policy Shifts

With the departures of key figures, the regulatory landscape for digital assets faces its most dramatic upheaval in years, just as a pro-crypto administration prepares to take office.

Crypto

Man pleads guilty in failed ransom plot that may have been linked to $240M crypto heist

Published

16 hours ago

January 9, 2025

Press Room

Man pleads guilty in failed ransom plot that may have been linked to 0M crypto heist

HARTFORD, Conn. — A Florida man pleaded guilty Thursday in connection with the carjacking and kidnapping of a Connecticut couple, in what authorities called a failed ransom plot that may have been linked to a $240 million cryptocurrency heist.

Michael Rivas, 19, of Miami, was one of six men arrested after a series of events in Danbury on Aug. 25. He pleaded guilty to kidnapping and conspiracy charges in federal court in Hartford. Two others are expected to enter similar pleas in the same court on Friday.

The couple were driving in a new Lamborghini SUV when the suspects forced them out of the SUV, assaulted them, put them in a van and bound them, police said. Witnesses immediately alerted police. Four of the men were arrested after abandoning their vehicles including the van and fleeing on foot, while the other two were later taken into custody at a nearby home the group had rented through Airbnb, authorities said. The couple were injured but survived the ordeal.

Rivas, dressed in a tan prison uniform with his legs shackled during the hearing, apologized for his actions. He said it was a “dumb” decision to help one of his co-defendants carry out what he called a “vendetta.” He did not elaborate.

His lawyer, Brian Woolf, said Rivas accepted a co-defendant’s invitation to take part in the plot with the hope of getting a share of the ransom money, and he regrets that decision.

The plot was hatched because the suspects “believed the victims’ son had access to significant amounts of digital currency,” and they planned to demand a ransom from the son to be paid in digital currency,” according to a federal indictment.

Just a week earlier, at least two thieves had stolen $240 million worth of Bitcoin in an elaborate scam over the internet and by phone, and then went on an indulgent spending spree on cars, mansions, travel, jewelry and nights out at clubs, authorities said.

Publicly, federal prosecutors and agents have not definitively linked the kidnapping to the Bitcoin theft. Officials have declined to comment on possible connections between the two cases including how the six suspects knew the couple’s son had a large amount of digital currency.

But federal agents told Danbury police that the FBI was looking into whether the couple’s son was involved in the Bitcoin theft, Danbury Detective Sgt. Steven Castrovinci told The Associated Press. Neither Danbury police nor federal authorities have named the couple or their son.

Assistant U.S. Attorney Ross Weingarten declined to comment after Thursday’s court hearing.

In mid-September, federal prosecutors announced that the two men, Malone Lam, 20, and Jeandiel Serrano, 21, had been indicted on charges of conspiracy to commit wire fraud and conspiracy to launder monetary instruments in connection with the cryptocurrency theft.

Court documents say unnamed coconspirators were in on the scam with the two men. Their lawyers have not responded to requests for comment.

Prosecutors said in court documents that Lam, Serrano and the unnamed coconspirators posed as technical support staff for Google and a cryptocurrency exchange while contacting the victim of the theft with an offer to help him with a supposed security breach.

The victim, from Washington, D.C., believed them and gave them remote access to his computer on Aug. 18. That resulted in the alleged thieves making off with more than 4,100 Bitcoin, then valued at more than $240 million, prosecutors said. That amount of Bitcoin is now worth nearly $380 million.

According to prosecutors, Serrano, of Los Angeles, admitted during an interview with federal investigators that he used the stolen currency to buy three automobiles, worth more than $1 million in total, as well as a $500,000 watch. He also said he had about $20 million of the victim’s currency and agreed to transfer the funds to the FBI, authorities said.

Meanwhile Lam, a citizen of Singapore who had addresses in Los Angeles and Miami, Florida, was spending hundreds of thousands of dollars a night at Los Angeles night clubs and acquiring custom Lamborghinis, Ferraris and Porsches, prosecutors said. He also was renting two Miami mansions, bought a $2 million watch and had a Lamborghini Revuelto worth more than $1 million.

Federal prosecutors said in court documents that at least $100 million of the stolen funds remained missing.

Exactly a week after the crypto theft, the couple from Danbury, a city of more than 80,000 people along the New York border, were forced out of their SUV in their hometown after one of the carjackers’ vehicles rear-ended them and two other vehicles surrounded them. The group assaulted the man with a baseball bat and dragged the woman by her hair as they put them in the van, where the couple were bound with duct tape, police said.

“I’m deeply remorseful for my irresponsible behavior,” Rivas told U.S. District Judge Sarala Nagala on Thursday. “I should have known better.”

“This is not what my parents taught me growing up,” he added.

Rivas and the other five men also are facing kidnapping and assault charges in Connecticut state court. The other men are also from Florida.

Sentencing was set for May 13. The prosecution and defense agreed on sentencing guidelines that call for about 11 to 14 years in prison.

Crypto

Bitcoin miner's claim to recover £600m in Newport tip thrown out

Published

24 hours ago

January 9, 2025

Press Room

Bitcoin miner's claim to recover £600m in Newport tip thrown out

During the hearing in December the court heard how Mr Howells had been an early adopter of Bitcoin and had successfully mined the cryptocurrency.

As the value of his missing digital wallet soared, Mr Howells organised a team of experts to attempt to locate, recover and access the hard drive.

He had repeatedly asked permission from the council for access to the site, and had offered it a share of the missing Bitcoin if it was successfully recovered.

Mr Howells successfully “mined” the Bitcoin in 2009 for almost nothing, and says he forgot about it altogether when he threw it out.

The value of the cryptocurrency rose by more than 80% in 2024.

But James Goudie KC, for the council, argued that existing laws meant the hard drive had become its property when it entered the landfill site. It also said that its environmental permits would forbid any attempt to excavate the site to search for the hard drive.