Op-ed: JPEX – A crypto scandal that shakes Hong Kong’s status

Hong Kong, a worldwide monetary hub and a gateway to China, has been rocked by a large crypto scandal involving JPEX. This Dubai-based cryptocurrency alternate allegedly defrauded 1000’s of traders of greater than $160 million. The case has uncovered the regulatory loopholes, the dearth of investor safety in Hong Kong’s nascent crypto trade, and the dangers of counting on social media influencers to advertise unlicensed platforms.

JPEX, which stands for Japan Trade, claimed to be the world’s first crypto alternate providing its customers dividends. It additionally boasted of partnering with main establishments akin to HSBC, Normal Chartered, and Alibaba. It lured traders with guarantees of excessive returns and low charges and used aggressive advertising and marketing methods akin to billboards, on-line advertisements, and influencer endorsements.

Among the many influencers who promoted JPEX have been Joseph Lam, a barrister turned insurance coverage salesman who referred to as himself Hong Kong’s “Trolling King”, and Chan Yee, a YouTube character with 200,okay subscribers. They confirmed their followers how Bitcoin earnings may assist them purchase homes and automobiles and inspired them to enroll in JPEX utilizing their referral codes.

Nevertheless, issues began to unravel in September 2023, when JPEX introduced that it was dealing with a “liquidity scarcity” and suspended withdrawals. Many traders couldn’t entry their funds or contact the platform’s customer support. Some additionally found that JPEX had been working and not using a license from Hong Kong’s Securities and Futures Fee (SFC), which regulates digital asset buying and selling platforms.

The SFC revealed that it had issued a warning letter to JPEX in June 2023, asking it to stop its actions in Hong Kong or apply for a license. Nevertheless, JPEX ignored the letter and continued to function illegally. The SFC additionally stated it had no jurisdiction over JPEX’s operations in Dubai, the place it was registered.

The Hong Kong police launched an investigation into JPEX after receiving complaints from greater than 2,okay traders claiming to have misplaced HK$1.three billion ($166 million). The police arrested 11 folks, together with Lam and Chan, on suspicion of fraud, cash laundering, and conspiracy to defraud. The police additionally seized computer systems, cellphones, financial institution playing cards, and paperwork from the suspects’ premises.

The case has sparked public outrage and raised questions on Hong Kong’s regulatory framework for crypto property. Hong Kong has been making an attempt to place itself as a worldwide hub for innovation and know-how, particularly after introducing the nationwide safety legislation in 2020 that eroded its autonomy and freedoms. In November 2020, the SFC introduced a brand new licensing regime for digital asset buying and selling platforms to reinforce investor safety and fight cash laundering.

The regime solely took impact in June 2023, leaving a niche of greater than six months for unregulated platforms like JPEX. Furthermore, the regime solely covers platforms that commerce not less than one safety token, a kind of crypto asset representing possession or rights in an underlying asset or enterprise. Platforms that commerce solely non-security tokens, akin to Bitcoin or Ethereum, are usually not required to acquire a license from the SFC.

This implies there may be nonetheless a big section of the crypto market that’s unregulated and unsupervised in Hong Kong. In keeping with CoinMarketCap, greater than 11,okay crypto property are in circulation, with a complete market capitalization of over $2 trillion. Many of those property are extremely unstable and speculative; some could also be fraudulent or unlawful.

The JPEX case additionally highlights the risks of trusting social media influencers who endorse crypto merchandise or platforms with out correct disclosure or due diligence. Influencers could have ulterior motives or conflicts of curiosity after they promote sure platforms or tokens. They might additionally lack the experience or credibility to supply correct or dependable details about the dangers and rewards of investing in crypto property.

Traders needs to be cautious of any platform or product that guarantees unrealistic returns or ensures with out disclosing the dangers concerned. They need to additionally do their very own analysis and confirm the credentials and status of any platform or product they intend to make use of. They need to additionally examine whether or not the platform or product is licensed or regulated by any authority in Hong Kong or elsewhere.

The JPEX case has additionally drawn consideration to the function of Dubai as a crypto haven for shady operators. Dubai, a part of the United Arab Emirates (UAE), has been attracting crypto companies with its low taxes, lax laws, and pleasant angle.

Dubai has no particular legislation or authority to control crypto property and doesn’t require crypto platforms to acquire a license or register with any company. Dubai additionally doesn’t have an extradition treaty with Hong Kong, making it troublesome for the authorities to pursue JPEX or its founders.

Nevertheless, Dubai’s crypto-friendly stance could come at a value for its status and safety. Dubai could develop into a magnet for scammers, hackers, and terrorists who use crypto property to evade sanctions, launder cash, or finance illicit actions.

Dubai may additionally face strain from different nations or worldwide organizations to tighten its crypto trade oversight and compliance. Dubai could need to steadiness its ambition to develop into a worldwide chief in innovation and know-how with its accountability to stop and fight monetary crimes and dangers.

The JPEX case shouldn’t be the primary nor the final crypto scandal that Hong Kong will face. This isn’t solely a wake-up name for traders but in addition for regulators and policymakers. Because the crypto trade grows and evolves, new challenges and alternatives will emerge for Hong Kong and its stakeholders. Hong Kong must be taught from the JPEX case and take proactive and preventive measures to safeguard its pursuits and values.

Hong Kong wants to reinforce its regulatory framework, enforcement of the crypto trade, and its schooling and consciousness campaigns for the general public. Hong Kong should cooperate and coordinate with different jurisdictions and companies to fight cross-border crypto crimes and dangers.

The JPEX case is a crypto scandal that shakes Hong Kong’s status as a worldwide monetary hub and a gateway to China. It exposes the regulatory loopholes and the dearth of investor safety in Hong Kong’s crypto trade, in addition to the dangers of counting on social media influencers to advertise unlicensed platforms.

Hong Kong must strengthen its oversight and enforcement of the crypto trade and its schooling and consciousness campaigns for the general public. Hong Kong additionally must steadiness fostering and regulating the crypto trade and defending and empowering its traders. Solely then can Hong Kong preserve its edge and competitiveness within the international area.