Hong Kong launches retail-friendly rules for crypto exchanges

June 01, 2023 | 14:25
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Hong Kong opened its arms to the virtual asset world on Thursday, launching new retail-friendly rules for the city's crypto exchanges.

The Chinese finance hub is pivoting to embrace crypto despite high-profile failures in recent months, including the meltdown of trading platform FTX, which wiped out more than $1.5 trillion in the market.

Hong Kong launches retail-friendly rules for crypto exchanges
Hong Kong launches retail-friendly rules for crypto exchanges/ illustration photo/ Source: freepik.com

China has had a strict crypto ban since 2021, but in Hong Kong -- which operates on a separate legal framework -- trading has been allowed though unregulated, meaning individual investors use unlicensed platforms.

The regulatory regime launched Thursday means that after a one-year transition period, all crypto exchanges in Hong Kong must be licensed, and will be able to take on retail clients.

"(The sector) fundamentally is going to stay despite all the risks... These activities have to be allowed in a regulated way," the city's financial services and treasury chief Christopher Hui told AFP.

The new rules have an emphasis on investor protection measures, like requiring exchanges to vet their clients and limit their risk exposure, as well as restricting trade to "large-cap" tokens such as bitcoin.

Crypto exchange OKX -- founded in China but now based in Seychelles -- told AFP it was "committed to the Hong Kong market" and will apply for a licence.

"Hong Kong is making concrete strides and is building confidence among industry players," said Lennix Lai, OKX's global chief commercial officer.

Regulators said they hope to move quickly to issue the first licences.

But a prominent activist investor in Hong Kong said Thursday the new policy lends credibility to a risky sector and endorses speculation.

"Hong Kong has a history of jumping onto financial bandwagons just as the wheels are falling off," David Webb, a former investment banker, told AFP.

The government may say the new crypto regime is similar to that of traditional finance, but Webb said the "analogy breaks down" as most crypto -- unlike stocks or futures on companies and commodities -- have no intrinsic value.

"There's no reason why (the government) should encourage people to bet on someone else paying more for something that has no fundamental value," Webb said.

Last year, the city said HK$1.7 billion ($217 million) was lost to crypto-related scams, which police attributed to criminals taking advantage of the public's lack of sector knowledge.

The new rules ask exchanges to conduct a "holistic assessment" of a client's understanding of digital currencies before taking them on, but give no specifics.

One company licensed under Hong Kong's previous regime tells its prospective clients to take a screenshot showing they have finished watching 13 instructional videos in a free online course.

But they "DO NOT need to complete any programme assignments or take any tests", it wrote on its website.

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While cryptocurrency exchange providers must go through a stringent selection process to obtain a licence in Singapore, with the same upcoming in Hong Kong, exchanges like Binance or Remitano can freely operate in Vietnam without a financial service provider licence, and investors who make capital gains on crypto do not have to pay any taxes.

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The provincial government of Bali on May 28 warned tourists against paying for goods and services in cryptocurrencies on the popular resort island of Indonesia.


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