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

The JPEX debacle exposes Hong Kong’s weak crypto regulatory panorama.

Cowl artwork/illustration by way of CryptoSlate

Hong Kong, a world monetary hub and a gateway to China, has been rocked by a large crypto scandal involving JPEX. This Dubai-based cryptocurrency trade allegedly defrauded 1000’s of traders of greater than $160 million. The case has uncovered the regulatory loopholes, the shortage 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 trade providing its customers dividends. It additionally boasted of partnering with main establishments corresponding to HSBC, Customary Chartered, and Alibaba. It lured traders with guarantees of excessive returns and low charges and used aggressive advertising and marketing methods corresponding to billboards, on-line adverts, and influencer endorsements.

Among the many influencers who promoted JPEX have been Joseph Lam, a barrister turned insurance coverage salesman who known as himself Hong Kong’s “Trolling King”, and Chan Yee, a YouTube persona with 200,000 subscribers. They confirmed their followers how Bitcoin earnings might assist them purchase homes and automobiles and inspired them to join JPEX utilizing their referral codes.

Nonetheless, 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 with no 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. Nonetheless, 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 2,000 traders claiming to have misplaced HK$1.3 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 belongings. Hong Kong has been making an attempt to place itself as a world hub for innovation and expertise, 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 spot of greater than six months for unregulated platforms like JPEX. Furthermore, the regime solely covers platforms that commerce no less than one safety token, a sort of crypto asset representing possession or rights in an underlying asset or enterprise. Platforms that commerce solely non-security tokens, corresponding to Bitcoin or Ethereum, usually are not required to acquire a license from the SFC.

This implies there’s nonetheless a big phase of the crypto market that’s unregulated and unsupervised in Hong Kong. According to CoinMarketCap, greater than 11,000 crypto belongings are in circulation, with a complete market capitalization of over $2 trillion. Many of those belongings are extremely risky and speculative; some could also be fraudulent or unlawful.

The JPEX case additionally highlights the hazards 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 once 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 belongings.

Buyers 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 popularity of any platform or product they intend to make use of. They need to additionally verify 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 position 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 rules, and pleasant angle.

Dubai has no particular legislation or authority to manage crypto belongings 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 tough for the authorities to pursue JPEX or its founders.

Nonetheless, Dubai’s crypto-friendly stance could come at a price for its popularity and safety. Dubai could turn into a magnet for scammers, hackers, and terrorists who use crypto belongings to evade sanctions, launder cash, or finance illicit actions.

Dubai can also face stress from different international locations or worldwide organizations to tighten its crypto trade oversight and compliance. Dubai could should steadiness its ambition to turn into a world chief in innovation and expertise with its duty to forestall and fight monetary crimes and dangers.

The JPEX case just isn’t 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 study 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 businesses to fight cross-border crypto crimes and dangers.

The JPEX case is a crypto scandal that shakes Hong Kong’s popularity as a world monetary hub and a gateway to China. It exposes the regulatory loopholes and the shortage 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 keep its edge and competitiveness within the international enviornment.