Advances in Economics, Management and Political Sciences

- The Open Access Proceedings Series for Conferences


Proceedings of the 3rd International Conference on Business and Policy Studies

Series Vol. 67 , 05 January 2024


Open Access | Article

Analysis of U.S. and Hong Kong Cryptocurrency Regulation Approach

Huicheng Dong * 1
1 Zhengzhou University

* Author to whom correspondence should be addressed.

Advances in Economics, Management and Political Sciences, Vol. 67, 37-43
Published 05 January 2024. © 2023 The Author(s). Published by EWA Publishing
This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
Citation Huicheng Dong. Analysis of U.S. and Hong Kong Cryptocurrency Regulation Approach. AEMPS (2024) Vol. 67: 37-43. DOI: 10.54254/2754-1169/67/20241258.

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

References

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

Data Availability

The datasets used and/or analyzed during the current study will be available from the authors upon reasonable request.

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Volume Title
Proceedings of the 3rd International Conference on Business and Policy Studies
ISBN (Print)
978-1-83558-265-7
ISBN (Online)
978-1-83558-266-4
Published Date
05 January 2024
Series
Advances in Economics, Management and Political Sciences
ISSN (Print)
2754-1169
ISSN (Online)
2754-1177
DOI
10.54254/2754-1169/67/20241258
Copyright
05 January 2024
Open Access
This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited

Copyright © 2023 EWA Publishing. Unless Otherwise Stated