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4 - Cryptoassets

Published online by Cambridge University Press:  01 July 2021

Robin Hui Huang
Affiliation:
The Chinese University of Hong Kong
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Summary

As China has banned ICOs, cryptoassets cannot be created and traded there. This chapter thus examines the relevant law in the Hong Kong Special Adminstrative Region (HKSAR). Due to the difficulties in regulating cryptoassets under the traditional framework, HKSAR set up its first regulatory regime on cryptoassets in November 2018, imposing new standards on cryptoasset fund managers, distributors and platform operators. A year later, HKSAR further clarified its position on the regulation of cryptoasset exchanges. Overall, the new regulatory regime for cryptoassets in HKSAR addresses the issues of regulatory gaps and regulatory arbitrage that existed under the previous framework as well as introducing enhanced regulatory standards. This has the effect of improving investor protection, but there are some remaining concerns. Chief amongst them are the problems with regulatory scope, the application of traditional regulatory standards to cryptoassets that do not fall within the definition of securities or futures, problems with the sandbox mechanism and ultimately, as a matter of regulatory philosophy, the need for a better balance between investor protection and market development.

Type
Chapter
Information
Fintech Regulation in China
Principles, Policies and Practices
, pp. 97 - 136
Publisher: Cambridge University Press
Print publication year: 2021

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  • Cryptoassets
  • Robin Hui Huang, The Chinese University of Hong Kong
  • Book: Fintech Regulation in China
  • Online publication: 01 July 2021
  • Chapter DOI: https://doi.org/10.1017/9781108768962.006
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  • Cryptoassets
  • Robin Hui Huang, The Chinese University of Hong Kong
  • Book: Fintech Regulation in China
  • Online publication: 01 July 2021
  • Chapter DOI: https://doi.org/10.1017/9781108768962.006
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Cryptoassets
  • Robin Hui Huang, The Chinese University of Hong Kong
  • Book: Fintech Regulation in China
  • Online publication: 01 July 2021
  • Chapter DOI: https://doi.org/10.1017/9781108768962.006
Available formats
×