In recent years, Hong Kong has made bold strides toward establishing itself as a global hub for virtual assets. With a clear vision backed by structured regulation, the city is positioning digital asset innovation within a secure and transparent framework. Since the implementation of the Virtual Asset Service Provider (VASP) licensing regime on June 1, 2023, Hong Kong has continued to refine its regulatory approach—especially in 2025, as it moves toward comprehensive oversight of over-the-counter (OTC) trading, stablecoin issuance, and custody services.
This article explores Hong Kong’s proposed licensing framework for virtual asset OTC service providers, outlines key regulatory developments, and assesses the broader outlook for digital assets in the region.
The Push for a Regulated Virtual Asset Ecosystem
Hong Kong’s ambition to become a leading virtual asset center is rooted in its “same business, same risk, same rules” principle. This guiding philosophy ensures that all financial activities involving digital assets—regardless of form—are subject to proportionate oversight.
A major milestone was reached in 2023 with the enforcement of the VASP licensing regime under the Anti-Money Laundering and Counter-Terrorist Financing Ordinance (AMLO). Since then, virtual asset exchanges have been required to obtain licenses from the Securities and Futures Commission (SFC), comply with investor protection standards, and implement robust AML/KYC procedures.
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However, while exchange-based trading is now regulated, concerns have grown over unlicensed OTC desks that operate outside this framework—some of which have been linked to fraud and money laundering. To close this gap, the Financial Services and the Treasury Bureau (FSTB) released a public consultation paper in February 2024 titled Proposed Legislative Framework for Regulating Over-the-Counter Virtual Asset Trading.
Proposed Licensing Regime for OTC Virtual Asset Services
The proposed OTC licensing framework aims to bring all organized virtual asset cash trading under regulatory supervision. Key elements include:
1. Scope of Regulation
Under the draft rules, any entity conducting virtual asset spot trading as a business must obtain a license from Hong Kong Customs. This applies whether services are delivered via physical outlets (including ATMs) or digital platforms.
Importantly:
- Peer-to-peer (P2P) transactions are exempt unless conducted commercially.
- Licensed virtual asset exchanges already regulated by the SFC are excluded to avoid duplication.
This ensures that only professional operators handling fiat-to-crypto or crypto-to-fiat conversions fall under the new regime.
2. Eligibility Criteria
To qualify for a license, applicants must:
- Be incorporated in Hong Kong with a fixed business address, or
- Be a foreign company registered under the Companies Ordinance (Cap. 622).
Applicants must also demonstrate:
- No history of financial crimes, fraud, insolvency, or AML violations.
- Presence of local management and record-keeping infrastructure.
These requirements ensure regulators can effectively supervise operations and enforce compliance.
3. Permitted Activities and Restrictions
Licensed OTC operators may only conduct:
- Spot trades between virtual assets and fiat currencies.
- Fund transfers post-exchange under strict conditions.
Prohibited activities include:
- Cross-crypto trades (e.g., BTC to ETH)—these require a VASP license.
- Offering derivative products, lending, staking, or margin trading.
- Providing investment advice or referral services.
- Long-term custody of client assets—only temporary holding during transaction settlement is allowed.
Additionally, outbound fund transfers require compliance with existing money service operator (MSO) regulations if fiat remittance is involved.
4. Compliance and Risk Management Obligations
To mitigate financial crime risks and ensure operational integrity, licensed firms must adhere to rigorous standards:
- Appoint two key officers: A qualified Compliance Officer and a Money Laundering Reporting Officer (MLRO).
- Implement robust KYC/AML procedures: Including identity verification, transaction purpose assessment, and ongoing monitoring.
- Maintain detailed records: All transactions and wallet addresses used must be registered with Customs and kept up to date.
- Adopt risk-based policies: Covering cybersecurity, business continuity, governance, and ethical conduct.
- Store data locally: Transaction logs and business records must be accessible to authorities upon request.
These measures align with international FATF recommendations and reinforce Hong Kong’s commitment to responsible innovation.
Expanding the Regulatory Framework: Stablecoins and Beyond
While OTC regulation is a critical step, it’s part of a broader strategy to build a holistic digital asset ecosystem.
Stablecoin Issuance Regulation
In early 2025, the Hong Kong Monetary Authority (HKMA) advanced legislation to regulate fiat-backed stablecoin issuers. Once enacted, issuers will need to:
- Hold full reserves in high-quality liquid assets.
- Undergo regular audits.
- Submit to HKMA supervision.
This will enhance trust in digital payments and lay the foundation for tokenized financial infrastructure.
SFC’s ASPIRe Roadmap: Driving Innovation
In February 2025, the SFC unveiled its ASPIRe Roadmap, built around five pillars:
- Access – Broaden market participation.
- Safeguards – Strengthen investor protections.
- Products – Expand approved virtual asset offerings.
- Infrastructure – Upgrade technical and settlement systems.
- Relationships – Foster global collaboration.
Notably, the roadmap supports the development of more virtual asset ETFs and institutional-grade products—further integrating crypto into mainstream finance.
Hong Kong’s Digital Asset Growth: ETFs and Market Adoption
One of the most visible signs of progress has been the successful launch of spot virtual asset ETFs.
In April 2024, three major fund houses—China Asset Management (Hong Kong), Bosera International, and Harvest Global—launched Bitcoin and Ethereum spot ETFs approved by the SFC. On their first trading day, total volume neared HK$100 million across multiple currency counters.
By January 16, 2025:
- Total assets under management reached $487 million.
- Bitcoin ETFs delivered returns exceeding 50%.
- Ethereum ETFs showed moderate growth at around 5%, reflecting market volatility.
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These products allow investors to gain exposure to digital assets through regulated channels—without holding private keys or navigating exchanges directly. They also support in-kind subscriptions, enabling holders to use crypto to buy ETF shares—a move that boosts liquidity and attracts institutional capital.
Challenges Ahead
Despite momentum, several hurdles remain:
Regulatory Fragmentation
Different regulators oversee different segments:
- SFC: Virtual asset exchanges and funds.
- HKMA: Stablecoin issuers.
- Customs: OTC operators.
This multi-agency model increases compliance complexity and operational risk for businesses operating across domains.
Cross-Border Compliance Tensions
Mainland China’s strict ban on cryptocurrency trading creates challenges for platforms with regional ties. Firms seeking SFC approval may face scrutiny if their parent entities operate in ways that conflict with mainland laws.
Balancing Innovation and Control
Traditional financial regulations may not fully accommodate decentralized or crypto-native models. Overly rigid frameworks could stifle innovation or push native projects offshore.
Frequently Asked Questions (FAQ)
Q: What types of virtual assets can OTC operators offer under the proposed rules?
A: Only tokens listed on at least one SFC-licensed exchange for retail investors—and later, HKMA-regulated stablecoins—are permitted. This ensures investor protection and prevents exposure to high-risk or unvetted assets.
Q: Can I trade one cryptocurrency for another on a licensed OTC desk?
A: No. Cross-crypto trades (e.g., BTC for SOL) are not allowed under the OTC license. Operators offering such services must apply for a full VASP license from the SFC.
Q: Is peer-to-peer crypto trading legal in Hong Kong?
A: Yes. Personal P2P transactions are not regulated unless conducted as a business. However, users should still follow AML guidelines when engaging in large or frequent trades.
Q: How does Hong Kong’s OTC licensing compare to other jurisdictions?
A: Hong Kong’s approach mirrors FATF standards seen in Singapore and Japan but adds stricter localization requirements—such as mandatory physical presence and local compliance officers—to enhance oversight.
Q: Will mainland Chinese investors be able to access Hong Kong crypto ETFs?
A: Currently, Hong Kong crypto ETFs cannot be sold to mainland retail investors through Stock Connect programs. Access remains limited to international and local investors.
Q: When will the OTC licensing regime take effect?
A: As of early 2025, the government is conducting public consultations. Formal legislation is expected later this year, with enforcement likely in 2026.
Final Thoughts: A Strategic Gateway for Digital Finance
Hong Kong is carving out a unique position in the global digital asset landscape—one that balances innovation with accountability. Through layered regulation covering exchanges, OTC desks, stablecoins, and investment products, it aims to build a trusted gateway between traditional finance and the crypto economy.
With strong government backing, progressive policies like the ASPIRe roadmap, and growing market adoption through ETFs, Hong Kong is well on its way to becoming Asia’s premier digital asset hub.
As frameworks mature and clarity increases, both institutional players and retail investors are likely to deepen their engagement—ushering in a new era of financial inclusion and technological advancement in one of the world’s most dynamic financial centers.
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