The Financial Services and the Treasury Bureau and the Hong Kong Monetary Authority jointly issued on 27 December 2023 a consultation paper 'Legislative Proposal to Implement the Regulatory Regime for Stablecoin Issuers in Hong Kong'.
The proposals include:
1. introducing new legislation to implement a licensing regime requiring all fiat-referenced stablecoin (FRS) issuers that meet certain conditions to be licensed by the Monetary Authority (MA);
2.requiring that FRS can be offered only by specified licensed entities, and only FRS licensed by the MA can be offered to retail investors;
3. prohibiting the advertising of:
(i) FRS issuance by unlicensed entities; or
(ii) non-specified licensed entities' offering of FRS;
4. providing the necessary powers for the authorities to adjust the parameters of in-scope stablecoins and activities having regard to the rapid virtual asset market development; and
5. providing a transitional arrangement to facilitate the implementation of the regulatory regime.
The HKMA will also introduce a sandbox arrangement for communicating supervisory expectations and guidance on compliance to entities having a "genuine interest in and a reasonable plan on issuing FRS in Hong Kong", as well as obtaining their feedback on the proposed regulatory requirements, with a view to facilitating the subsequent implementation of the regulatory regime and ensuring that it is fit-for-purpose.
Relevant details of the sandbox arrangement will be announced separately.
Deadline for comments is 29 February 2024.