Hong Kong Emerges as Crypto Titan: Adapts Rigorous Regulatory Framework Amidst Tech Boom

Hong Kong Emerges as Crypto Titan: Adapts Rigorous Regulatory Framework Amidst Tech Boom
© 2023 Steven Alber. All rights reserved.

Hong Kong is embracing a new era of cryptocurrency regulation, implementing a comprehensive framework for centralized crypto exchanges as it cements its position as a global digital asset hub. Despite being one of the most stringent regulatory frameworks for crypto exchanges worldwide, the new rules have not dissuaded businesses from seeking a license to operate in Hong Kong, according to Joy Lam, a partner at law firm Baker McKenzie in Hong Kong.

Hong Kong’s Securities and Futures Commission (SFC) is initiating the process of licensing exchanges to sell and market to local consumers. Existing exchanges with a substantial presence in the city have been granted a one-year grace period to comply with the new rules or exit the market. The guidelines cover a wide spectrum of compliance areas including user onboarding, asset custody, cybersecurity, corporate governance, and due diligence on cryptocurrency tokens.

Exchanges looking to thrive in Hong Kong’s evolving crypto landscape will need to be prepared for significant compliance obligations and investment costs, as stated by lawyers from Latham & Watkins.

Hong Kong’s secretary for financial services and the treasury, Christopher Hui, has revealed that over 80 firms, both local and international, have shown interest in establishing Web3 businesses in Hong Kong. Top global crypto exchanges OKX and Huobi, both originally founded in mainland China, are among the entities seeking a license to operate in the city.

BitMEX, a prominent exchange known for its derivative products, announced the launch of a separate app for users in Hong Kong offering only spot trading, in an effort to align with local regulators' expectations. Similarly, decade-old cryptocurrency exchange Gate.io launched a dedicated platform for the city, Gate.HK, in response to the new regulatory regime.

However, the grace period means not all exchanges will be fully licensed immediately, leading to a blend of both licensed and unlicensed exchanges operating under varying standards. As a result, investors are urged to exercise caution and conduct thorough research before choosing a crypto exchange. The SFC intends to increase investor education to ensure awareness of the risks associated with trading through unregulated exchanges.

The local crypto industry is hopeful that regulators will expand the scope of permissible virtual asset activities to include derivatives and stablecoins. Industry experts believe that allowing a regulated trading venue for crypto derivatives could attract significant business to Hong Kong.

Increased interest over the coming year is expected to lead to an expansion in the types and number of tokens accessible to retail investors, the proliferation of stablecoin issuances, and a rise in traditional banking and financial institutions partnering with licensed exchanges to offer services like fiat currency conversions.

Despite recognizing the new regulations as a significant step towards providing clarity in the crypto space, industry players are looking ahead at future improvements. Esme Pau, head of internet and digital asset research for Hong Kong and China at Macquarie Capital, emphasized the need to maintain regulatory guardrails while streamlining the entire virtual assets ecosystem value chain.