Hong Kong Tightens Crypto Rules: SFC May Take Charge Of OTC Trading—Here’s Why

As a seasoned analyst with a decade of experience in the financial industry and a keen interest in emerging technologies like cryptocurrencies, I find Hong Kong’s regulatory moves to be a prudent step towards fostering a secure and thriving digital asset ecosystem. The proposed changes, which aim to bring the Securities and Futures Commission (SFC) into closer collaboration with the Customs and Excise Department (C&ED), are noteworthy as they align with global trends in strengthening financial oversight.


Hong Kong is contemplating modifications to its regulations for cryptocurrencies, with a focus on the provision of over-the-counter (OTC) trading services for digital assets.

According to a recent report in the South China Morning Post, it’s possible that the Securities and Futures Commission (SFC) could take on a more significant supervisory role within the sector, collaborating with the Customs and Excise Department (C&ED).

Hong Crypto OTC To Be Regulated

Significantly, the suggested modifications would move away from the existing setup, in which the C&ED mainly manages Over-The-Counter (OTC) services. To clarify, OTC services enable direct, private cryptocurrency transactions between substantial entities, thus eliminating the requirement for a public exchange.

As a researcher, I find it intriguing to consider how the potential regulatory role of the Securities and Futures Commission (SFC) in Over-The-Counter (OTC) services could align with its existing responsibilities over the financial markets. This expansion could potentially bring more transparency to the crypto industry, which has long sought clarity in this rapidly evolving field.

According to anonymous sources privy to the conversations, the report also revealed that the Securities and Futures Commission (SFC) sought opinions from various market participants regarding the establishment of this new regulatory framework for licensing.

The partnership between the Securities and Futures Commission (SFC) and the Corporate and Exchanged-Based Finance Division (C&ED) will play a crucial role in these regulatory advancements, aiming to address issues related to the division of duties between them.

Beyond providing Over-the-Counter (OTC) trading services, the Securities and Futures Commission (SFC) is also contemplating the implementation of a licensing system for cryptocurrency storage service providers, which play a vital role in the market’s foundation.

Why The Regulation On OTC?

Hong Kong’s method of regulating cryptocurrencies arises from substantial financial setbacks and escalating worries about fraud within the industry.

As an analyst, I’ve noticed that the recent collapse of JPEX has prompted regulatory scrutiny towards Over-The-Counter (OTC) services. These services are now under focus because they serve as primary conduits for directing retail investors’ funds into dubious activities.

The findings of the report underscored the fact that these services frequently conduct their operations in “brick-and-mortar stores.” Notably, a significant number of these stores have been associated with unlawful activities. This emphasizes the importance of implementing stricter supervision to address this issue.

In response to the growing risks, an SFC representative noted:

In order to encourage the growth of the virtual asset industry in a sustainable and accountable manner within Hong Kong, the Securities and Futures Commission collaborates effectively with the government and other regulatory bodies to create a strong, transparent, and uniform regulatory framework in Hong Kong.

Nevertheless, although there’s a strong rationale for controlling the Over-the-Counter (OTC) cryptocurrency market within this area, the document points out that people remain apprehensive regarding how these regulations might be implemented. This is due to concerns expressed about the operational aspects of the regulation.

Some in the industry complained that putting all OTC shops under the C&ED, which regulates money changers, was causing confusion given that the SFC regulates other areas of crypto investment.

As a researcher, I’ve observed an interesting development in my recent work. The Financial Services and the Treasury Bureau (FSTB), during their two-month public consultation on OTC regulations, reported broad approval from the respondents regarding their initial proposal.

Furthermore, while we’re still waiting for the complete findings from the consultation, the Financial Transactions and Reports Analysis Centre of Canada (FTB) has mentioned they are reconsidering the structure of their regulatory system in light of the input they received.

Hong Kong Tightens Crypto Rules: SFC May Take Charge Of OTC Trading—Here’s Why

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2024-09-14 11:12