Crypto laws are a aggressive enterprise in Asia, with locations equivalent to Hong Kong and Singapore vying to turn out to be Asia’s crypto hub and seize all of the enterprise related to that standing.
The problem, although, lies in crafting a rulebook that balances investor protections with a welcomingness to companies and new capital. And right here, Hong Kong has a bonus over locations like Japan or Korea, since its common-law framework for conventional finance has made its economic system some of the open and free on the planet — a latest report from a Canadian assume tank deemed Hong Kong the “freest economic system” on the planet, with Singapore simply behind it in second place.
With crypto, nevertheless, Hong Kong has moved comparatively slowly, particularly in comparison with Singapore. However Duncan Chiu, a member of Hong Kong’s Legislative Council and chair of its Know-how and Innovation committee, which oversees Hong Kong’s know-how parks and analysis services, says the territory’s preliminary warning with respect to regulating crypto comes with benefits.
“Being a late mover is an effective factor typically as a result of you’ve got a transparent image,” stated Chiu in a latest interview with CoinDesk. For instance, he pointed to how the Financial Authority of Singapore (MAS), the city-state’s important monetary regulator, has moved rapidly to move guidelines for crypto. MSA initially regulated crypto underneath its Cost Companies Act, treating crypto inaccurately as a cost device relatively than an asset class. Japan did the identical factor early on, forcing later revisions in 2024 as DeFi and tokenization ultimately gained traction.
“Whereas Hong Kong began late, the great factor is there have been clearer patterns of how these merchandise have been getting used,” stated Chiu, who is likely one of the most outstanding voices for crypto in Hong Kong, together with fellow LegCo member Johnny Ng. Chiu additional identified how the unique bitcoin white paper labeled the asset class as digital money, whereas the market actuality is it’s turn out to be extra of a commodity — a view shared by the U.S. Commodity and Futures Buying and selling Fee — as one other instance of how market habits round crypto has advanced and wanted laws to adapt.
Constructing regulatory alignment
One of many key points Chiu stated he’d prefer to work on within the LegCo is constructing a transparent classification for various kinds of digital belongings, equivalent to cryptocurrencies vs. stablecoins, whereas additionally working with international regulators to make sure alignment amongst them.
“We want clear definitions and segmentation,” Chiu defined. “Some belongings ought to be regulated like securities, whereas others ought to stay unregulated, like memecoins.”
Based on Chiu, memecoins ought to be handled as collectibles, very like Pokémon playing cards or stamps.
“Memecoins don’t have performance behind them — they don’t use good contracts,” Chiu stated. “They’re simply collectible objects, so I see no cause to control them like monetary merchandise.”
A devoted crypto regulator?
Given how distinctive crypto is as an asset class, some jurisdictions, equivalent to Dubai and its Digital Property Regulatory Authority (VARA), have created their very own separate regulator for digital belongings.
When requested whether or not he felt Hong Kong ought to take the identical path, Chiu recalled that in his early years within the LegCo, he had initially supported the creation of a digital model of the Securities and Futures Fee (SFC), the territory’s markets regulator, known as the “eSFC.”
Nonetheless, Hong Kong’s authorities has as a substitute chosen to maintain crypto oversight underneath current monetary regulators. The SFC has a devoted digital asset workforce, whereas the Hong Kong Financial Authority (HKMA) oversees stablecoins. Chiu stated that for now, he’s glad with this association, particularly because the SFC expands its headcount whilst the federal government requires austerity elsewhere.
“The federal government’s intention is to maintain every little thing underneath the SFC. They may have a workforce contained in the SFC, and so they’re hiring. We simply authorized that in LegCo,” Chiu famous.
LegCo’s crypto priorities
Chiu sees establishing OTC buying and selling and custodian laws as the subsequent main priorities for the LegCo, whereas leaving constructing guidelines round crypto derivatives and leveraged buying and selling to the SFC and crypto exchanges, relatively than passing new legal guidelines.
Chiu considers crypto regulation a top-five precedence, the others principally being round Hong Kong’s financial restoration and public issues of safety. However he acknowledges that not all of his fellow LegCo members share this similar urgency concerning crypto regulation, with some desirous to concentrate on constructing extra stringent investor safety mechanisms first, to be able to to keep away from one other FTX or JPEX, each of whose failures left many in Hong Kong — and round Asia — with an enormous gap of their digital wallets
Nonetheless, there’s solely a lot legislative bandwidth accessible. Hong Kong’s job market is weak, and the actual property sector is on the precipice of a painful correction. Hong Kong can also be caught between the U.S. and Mainland China in Donald Trump’s subsequent commerce warfare, making an financial restoration difficult for the territory.
“Some LegCo members are huge supporters of digital belongings, however not all, after all,” Chiu stated. “All of them have totally different priorities.”
