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

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

May 16, 2025
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Hong Kong’s fintech ambitions keep lawyers busy on policymaking and deals

by Investor News Today
May 16, 2025
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Hong Kong has been stepping up its makes an attempt to change into Asia’s prime hub for buying and selling digital property, together with a collection of recent rules to realize its ambition of attracting world buyers. The transfer comes as competitors from the US and different nations within the Asia-Pacific area, led by Singapore, intensifies.

Regulation 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 world digital asset market with an estimated market capitalisation of $3tn.

“Hong Kong needs to make itself a digital hub. Quite a bit is occurring,” says Chin-Chong Liew, a Hong Kong-based capital markets associate at legislation agency Linklaters, who has suggested shoppers on digital property and tokenisation. “Regulators are this and making an attempt to facilitate progress.”

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

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

Town’s ambition to change into 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 embrace the promotion of $Trump, his personal cryptocurrency, and a strategic bitcoin reserve.

[Investors are basically] coping with all of the issues that they’ve all the time 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 buyers to commerce cryptocurrencies by requiring exchanges working within the metropolis to use for regulatory approval. As many as 24 corporations made bids at one level for the licences, however up to now 10 have been issued and a few, together with a Binance-affiliated change, 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 by-product buying and selling for digital property focusing on skilled buyers — these with portfolios of greater than $1mn — can also be underneath assessment, in line 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, the town’s monetary secretary Paul Chan put the case for the territory as a horny venue for digital asset investing, by telling an trade convention that “Hong Kong stands out as a market with constant, predictable, forward-looking insurance policies, and a balanced regulatory framework”.

Some analysts suppose the territory is getting used as a testing floor that may result in extra liberalisation in using crypto and different digital property within the mainland. Hong Kong first outlined its aim 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 the town of their launch of recent digital merchandise.

$300mn

Digital bond issued by Financial institution of Communications in January

Financial institution of Communications, one among 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 properly in that digital asset house — is [to] ensure that Hong Kong is plumbed in. That capital flows nonetheless come by way of Hong Kong,” says Ben Hammond, managing associate at Ashurst’s Hong Kong workplace and chief of the legislation agency’s monetary regulation apply for the territory.

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

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

Now we have seen artwork, actual properties, we’ve seen timber, folks speak about tokenising receivables . . . there are lots of concepts

Chin-Chong Liew, Linklaters

Legal professionals additionally observe that Hong Kong’s regulators stay protecting of retail buyers 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 change, which as soon as known as Hong Kong house — and a high-profile investigation into crypto group JPEX over deceptive retail buyers in 2023 have heightened issues among the many territory’s regulators.

Much like conventional monetary markets, Hong Kong’s rules for digital property contain extra protections and restrictions on much less subtle retail buyers, says Rocky Mui, a Hong Kong-based associate 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 number of trade gamers are intently monitoring the event of [digital asset] rules in Hong Kong”. She additionally highlights the 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 every day [with] individuals who need to [tokenise] not simply monetary property,” he explains.

“Now we have seen artwork, actual properties, we’ve seen timber, folks speak about tokenising receivables, or tokenising certificates of deposit, [foreign exchange], or different derivatives transactions. There are lots of concepts.”



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