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Exclusive | New Hong Kong crypto scheme could see changes with SFC involvement in OTC rules

A previous proposal had OTC cryptocurrency shops under the excise department, but some complained about confusing virtual asset rules, sources say

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Signage for bitcoin in Hong Kong on August 5, 2024. Photo: Bloomberg
Hong Kong is exploring whether to have the Securities and Futures Commission (SFC) involved in regulating over-the-counter (OTC) virtual asset trading services, along with the Customs and Excise Department (C&ED), as the city struggles to regulate the industry.
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The SFC has sought opinions from industry players about potentially putting in place a new licensing regime for cryptocurrency OTC services, which will see the securities regulator work with the C&ED to oversee these companies, according to people familiar with the matter who declined to be named because the discussions were private.

Planned OTC regulations and licensing were previously the sole domain of the C&ED under a proposal made public in February. OTC services facilitate direct and private large-volume cryptocurrency transactions between two parties.

The SFC has also consulted companies in recent months about introducing a new licensing regime for cryptocurrency custodian services, the people said. Discussions about both licences are still in the early stages and are subject to change, they said.

“To foster the sustainable and responsible development of the virtual assets industry in Hong Kong, the SFC works closely with the government and other regulators in developing a robust, clear and consistent regulatory environment in Hong Kong,” an SFC representative said in a statement on Wednesday.

The JPEX scandal that resulted HK$1.6 billion led to increased scrutiny of the OTC crypto market. Photo: Handout
The JPEX scandal that resulted HK$1.6 billion led to increased scrutiny of the OTC crypto market. Photo: Handout
Detailed plans to regulate OTC services first emerged months after one of the largest financial frauds in Hong Kong’s history, which involved the allegedly fraudulent crypto exchange JPEX. It resulted in roughly HK$1.6 billion (US$225 million) in losses.
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