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Hong Kong’s fintech ambitions keep lawyers busy on policymaking and deals

CryptoNWZ by CryptoNWZ
May 16, 2025
in Cryptocurrency
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Hong Kong’s fintech ambitions keep lawyers busy on policymaking and deals
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Hong Kong has been stepping up its makes an attempt to turn out to be Asia’s prime hub for buying and selling digital property, together with a collection of latest rules to realize its ambition of attracting international traders. The transfer comes as competitors from the US and different international locations within the Asia-Pacific area, led by Singapore, intensifies.

Legislation practices within the Chinese language territory have been supporting lenders within the rollout of pioneering merchandise, together with digital bonds and tokenised gold, which are designed to seize the territory a slice of this international digital asset market with an estimated market capitalisation of $3tn.

“Hong Kong desires to make itself a digital hub. Quite a bit is occurring,” says Chin-Chong Liew, a Hong Kong-based capital markets accomplice at regulation agency Linklaters, who has suggested shoppers on digital property and tokenisation. “Regulators are taking a look at this and attempting to facilitate progress.”

The Asian monetary centre is eager to current itself as providing a horny and predictable regulatory framework for traders as town pits itself in opposition to rivals reminiscent of Singapore and Dubai in a push to cater for digital property.

It will possibly, as an example, level to its popularity for working a big inventory market.

Town’s ambition to turn out to be a number one venue for digital asset funding and buying and selling additionally faces elevated competitors from its prime rival, the US. President Donald Trump’s administration has adopted a crypto-friendly stance with initiatives that embody the promotion of $Trump, his personal cryptocurrency, and a strategic bitcoin reserve.

[Investors are basically] coping with all of the issues that they’ve at all times come to Hong Kong for, however doing it with the advantages of digital ledger expertise

Ben Hammond, Ashurst

In 2023, Hong Kong launched a regulatory regime permitting retail traders to commerce cryptocurrencies by requiring exchanges working within the metropolis to use for regulatory approval. As many as 24 firms made bids at one level for the licences, however thus far 10 have been issued and a few, together with a Binance-affiliated trade, determined to withdraw.

New licensing regimes for over-the-counter buying and selling in digital property and for custody companies are additionally within the pipeline, whereas spinoff buying and selling for digital property focusing on skilled traders — these with portfolios of greater than $1mn — can also be underneath assessment, in keeping with Hong Kong’s Securities and Futures Fee. Final yr, Hong Kong’s authorities additionally rolled out proposed laws for stablecoin issuers, following the EU’s Markets in Crypto-Property Regulation (MiCA) guidelines, which regulate stablecoins.

In February, town’s monetary secretary Paul Chan put the case for the territory as a horny venue for digital asset investing, by telling an business convention that “Hong Kong stands out as a market with constant, predictable, forward-looking insurance policies, and a balanced regulatory framework”.

Some analysts assume the territory is getting used as a testing floor which may result in extra liberalisation in the usage of crypto and different digital property within the mainland. Hong Kong first outlined its objective of turning into a digital asset hub in 2022, a yr after Beijing introduced a sweeping ban on crypto buying and selling in mainland China.

With Hong Kong progressing in its digital property marketing campaign, Chinese language monetary establishments have tapped town of their launch of latest digital merchandise.

$300mn

Digital bond issued by Financial institution of Communications in January

Financial institution of Communications, certainly one of China’s largest state-backed banks, in January issued a $300mn digital bond in Hong Kong, following Chinese language state-owned conglomerate Zhuhai Huafa Group’s issuance of a $190mn digital bond in December.

“I feel what the [Hong Kong] authorities is doing right here — and I feel we’re doing fairly effectively in that digital asset house — is [to] be sure that Hong Kong is plumbed in. That capital flows nonetheless come by Hong Kong,” says Ben Hammond, managing accomplice at Ashurst’s Hong Kong workplace and chief of the regulation agency’s monetary regulation observe for the territory.

To extend its attractiveness in digital asset transactions, town plans to exempt non-public fairness funds, hedge funds and the funding autos of the super-rich from paying tax on features from cryptocurrencies.

“Hong Kong is admittedly interested by institutional, excessive web price, household workplaces, subtle giant quantity cash, institutional cash flowing by,” Hammond says. “[Investors are basically] coping with all of the issues that they’ve at all times come to Hong Kong for, however doing it with the advantages of digital ledger expertise.”

We’ve seen artwork, actual properties, we have now seen timber, individuals speak about tokenising receivables . . . there are a variety of concepts

Chin-Chong Liew, Linklaters

Attorneys additionally observe that Hong Kong’s regulators stay protecting of retail traders who could also be tempted by extremely risky cryptocurrencies and different digital property.

The autumn of Sam Bankman-Fried’s FTX in 2022 — the crypto trade, which as soon as known as Hong Kong residence — and a high-profile investigation into crypto group JPEX over deceptive retail traders in 2023 have heightened considerations among the many territory’s regulators.

Just like conventional monetary markets, Hong Kong’s rules for digital property contain extra protections and restrictions on much less subtle retail traders, says Rocky Mui, a Hong Kong-based accomplice at Clifford Likelihood, whose focus consists of crypto-related issues.

From Taiwan, Jaclyn Tsai, chair of the Asia FinTech Alliance and a tech lawyer, observes that “fairly a couple of business gamers are carefully monitoring the event of [digital asset] rules in Hong Kong”. She additionally highlights town’s digital asset strikes as “aggressive”.

At Linklaters, Liew foresees loads of additional innovation in merchandise to satisfy investor curiosity and to maintain up the tempo. “I’m having conversations each day [with] individuals who need to [tokenise] not simply monetary property,” he explains.

“We’ve seen artwork, actual properties, we have now seen timber, individuals speak about tokenising receivables, or tokenising certificates of deposit, [foreign exchange], or different derivatives transactions. There are a variety of concepts.”



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