
Analysis of U.S. and Hong Kong Cryptocurrency Regulation Approach
- 1 Zhengzhou University
* Author to whom correspondence should be addressed.
Abstract
Cryptocurrencies have been defined and regulated differently in all corners of society. Much research has been made on countries' institutional measures to consummate regulations toward cryptocurrencies further. This paper explores the definition and nature of cryptocurrencies through a literature review method. The nature of cryptocurrencies has directly led to their benefits and misuse. This paper also explores the regulatory measures made by the U.S. and the flaws revealed in the Coinbase Case and Ripple Case. The ambiguous definition between regulatory departments and overlapping law enforcement power has made investors not knowing what course to take. New measures are taken in Hong Kong through a compulsory licensing system and laying major responsibility on platform service providers. This paper examines the new efforts and proposes some potential flaws under the new regulatory system. The Hong Kong regulatory approach is believed to provide insight and reference for other markets that would like to include cryptocurrencies into regulation.
Keywords
cryptocurrency, securities, commodities, regulation
[1]. De-Yolande, M.H Virtual Currency Societal Impact Today: Mitigate the Risks through Regulatory Framework [J]. Beijing Law Review, 2022: 771-784.
[2]. Executive Order on Ensuring Responsible Development of Digital Assets, 2022. https://www.whitehouse.gov/briefing-room/presidential-actions/2022/03/09/executive-order-on-ensuring-responsible-development-of-digital-assets/
[3]. European Central Bank. Virtual currency schemes - a further analysis [M]. European Central Bank, 2015, 6-8.
[4]. Ishikawa,Mai.Designing Virtual Currency Regulation in Japan: Lessons from the Mt Gox Case[J]. Journal of Financial Regulation,2017:125-131.
[5]. Sholihah R P , Afriansyah A .Regulation of Crypto Currency in World Trade Organization[C]. International Conference on Law and Governance, 2020:39-43.
[6]. Peters, Gareth , E. Panayi , and A. Chapelle. "Trends in Crypto-Currencies and Blockchain Technologies: A Monetary Theory and Regulation Perspective” [J]. Social Science Electronic Publishing, vol.3, 2015:92-113.
[7]. New cryptocurrency bill targets crypto crime and ‘rampant fraud’ across U.S., 2023. https://www.reuters.com/technology/us-congressional-committee-set-weigh-crypto-bills-2023-07-26/
[8]. SEC Cryptocurrency Enforcement, 2022. https://seclaw.com/sec-tightens-cryptocurrency-enforcement
[9]. Laura Gritz, Teaching a New Dog Old Tricks: Why the Howey Test is Still the SEC’s Best Friend When Examining Initial Coin Offerings, 2018, 194-219.
[10]. How are Cryptocurrencies regulated in the U.S. and the EU? 2023. https://www.dowjones.com/professional/risk/glossary/cryptocurrency/us-eu-regulation/
[11]. Jeff John Robert, Jeff Benson. Ripple Can Depose SEC Official Who Ruled Ethereum Isn’t a Security: Judge [N]. DECRYPT, 2021.
[12]. Andrew M. Hinkes , Clifford C. Histed , Judith E. Rinearson , Eden L. Rohrer , Maxwell J. Black of K&L Gates. Crypto experts react to SEC Coinbase, Binance Enforcement Actions [C]. The National Law Review, 2023.
[13]. Statement of Commissioner Caroline D. Pham on SEC v. Wahi, 2022. https://www.cftc.gov/PressRoom/SpeechesTestimony/phamstatement072122
[14]. Aislinn Keely. CFTC commissioners speak up after SEC files crypto insider trading case [N]. The Block, 2022,
[15]. Chen Gengzhao. Research on the Regulatory Policy of Hong Kong Virtual Asset Trading Platform [J]. Economic and Trade Law Review,2020(06):110-128
[16]. Wang Fangran. Signature Bank Flash Crash: It's All About Cryptocurrencies [C]. China Business News, 2023, A03, 2-4.
[17]. Fintech Association of Hong Kong. Response to the Public Consultation on Legislative Proposals to Enhance Anti-money Laudering and Counter-Terrorist Financing Regulation in Hong Kong [M]. Fintech Association of Hong Kong 2021,
[18]. Hou Jiening, Mao Yirong. The Hong Kong Securities and Futures Commission: The new regulations on the regulation of virtual asset trading platforms will take effect from June 1st [N]. Securities Daily, 2023
Cite this article
Dong,H. (2024). Analysis of U.S. and Hong Kong Cryptocurrency Regulation Approach. Advances in Economics, Management and Political Sciences,67,37-43.
Data availability
The datasets used and/or analyzed during the current study will be available from the authors upon reasonable request.
Disclaimer/Publisher's Note
The statements, opinions and data contained in all publications are solely those of the individual author(s) and contributor(s) and not of EWA Publishing and/or the editor(s). EWA Publishing and/or the editor(s) disclaim responsibility for any injury to people or property resulting from any ideas, methods, instructions or products referred to in the content.
About volume
Volume title: Proceedings of the 3rd International Conference on Business and Policy Studies
© 2024 by the author(s). Licensee EWA Publishing, Oxford, UK. This article is an open access article distributed under the terms and
conditions of the Creative Commons Attribution (CC BY) license. Authors who
publish this series agree to the following terms:
1. Authors retain copyright and grant the series right of first publication with the work simultaneously licensed under a Creative Commons
Attribution License that allows others to share the work with an acknowledgment of the work's authorship and initial publication in this
series.
2. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the series's published
version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial
publication in this series.
3. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and
during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See
Open access policy for details).