• News Headlines – 16-20 Jul 2021

    [Hong Kong] Cross-Agency Steering Group announces next steps to advance Hong Kong’s green and sustainable finance strategy

    SFC News, 15 Jul 2021

    The Green and Sustainable Finance Cross-Agency Steering Group announced the next steps to advance its collaborative strategy to bolster Hong Kong’s position as a leader in green and sustainable finance and help transition the financial ecosystem towards carbon neutrality. As priorities, the Steering Group will focus on climate-related disclosures and sustainability reporting, carbon market opportunities and the launch of the new Centre for Green and Sustainable Finance.

    Full text: click here

    [Hong Kong] Hong Kong arrests four in alleged $209 million crypto laundering

    Straits Times, 15 Jul 2021

    Hong Kong Customs officials said they had dismantled a money laundering syndicate that used cryptocurrency to process some HK$1.2 billion in illegal funds, in what they said was the first successful operation of its kind. Investigators said four men - including the alleged local mastermind of the syndicate - had been arrested and bailed while some HK$20 million had been frozen. The men opened various local bank accounts with shell companies and made transactions through a virtual currency exchange trading platform to turn laundered crypto into real cash for clients.

    Full text: click here

    [Hong Kong] Circular to Money Service Operators - Anti-Money Laundering / Counter-Terrorist Financing Statements issued by the Financial Action Task Force

    C&ED Circular, 15 Jul 2021

    Hong Kong Customs and Excise Department issued a circular to inform money service operators that the Financial Action Task Force advised its members to refer to the list of high-risk jurisdictions subject to a call for action adopted in February 2020, namely Iran and the Democratic People’s Republic of Korea, and that the FATF’s call for action on these high-risk jurisdictions remains in effect. In addition, the FATF has issued an updated statement on Jurisdictions under Increased Monitoring. Money service operators are reminded that four new jurisdictions were added into the list, namely Haiti, Malta, Philippines and South Sudan, while one jurisdiction, namely Ghana, was removed from the list. Additionally, the FATF also published various other outcomes of its recent Plenary which may be of interest to MSOs.

    Full text: click here

    [Hong Kong] Warning statement on unregulated virtual asset platforms

    SFC News, 16 Jul 2021

    The SFC is aware that Binance has offered trading services in stock tokens in a number of jurisdictions and is concerned that these services may also be offered to Hong Kong investors.  The SFC wishes to make it clear that no entity in the Binance group is licensed or registered to conduct “regulated activity” in Hong Kong. Stock Tokens are likely to be “securities” under the Securities and Futures Ordinance and if so, they are subject to the regulatory remit of the SFC. The SFC warns that where the Stock Tokens are “securities”, marketing and/or distributing such tokens – whether in Hong Kong or targeting Hong Kong investors – constitute a “regulated activity” and require a licence from the SFC unless an applicable exemption applies.

    Full text: click here

    [Hong Kong] HKMA Releases the Guideline on Fund Certification for Carried Interest Tax Concession

    HKMA News, 16 Jul 2021

    The HKMA issued a guideline on the certification of funds under Schedule 16D to the Inland Revenue Ordinance in relation to tax concessions for carried interest. The Inland Revenue (Amendment) (Tax Concessions for Carried Interest) Ordinance 2021 was enacted to give profits tax and salaries tax concessions in relation to eligible carried interest received by, or accrued to, qualifying persons and qualifying employees on or after 1 April 2020 from the provision of investment management services to certified investment funds. The tax concessions aim to attract more private equity funds to operate and be managed in Hong Kong.

    Full text: click here

    [Singapore] FATF Guidance on Proliferation Financing Risk Assessment and Mitigation

    MAS News, 16 Jul 2021

    The MAS issued a notice to inform financial industry that the FATF recently published the “Guidance on Proliferation Financing Risk Assessment and Mitigation” and revised its Standards to require countries, financial institutions and designated non-financial businesses and professions to identify, assess, understand and mitigate their proliferation financing risks.

    Full text: click here

    [Hong Kong] SFC sanctions Sino-Rich Securities & Futures Limited’s responsible officers

    SFC News, 19 Jul 2021

    The SFC has suspended the licence of Mr Budihardjo Wilhelm Soeharsono – chief executive officer, director, responsible officer and money laundering reporting officer of Sino-Rich Securities & Futures Limited– for 10 months from 15 July 2021 to 14 May 2022. Mr Shing Yan, an RO and director of Sino-Rich, has been suspended for seven months from 15 July 2021 to 14 February 2022. The SFC found that Sino-Rich’s failed to comply with anti-money laundering and counter-terrorist financing regulatory requirements between April 2015 and October 2017 and this failures were attributable to the failures of Budihardjo and Shing to discharge their duties as ROs and senior management members of Sino-Rich.  Budihardjo also failed to discharge his duties as an MLRO of Sino-Rich.

    Full text: click here

    [Hong Kong] SFC publicly censures BIT Mining Limited for breaches of the Takeovers Code

    SFC News, 19 Jul 2021

    The SFC has publicly censured BIT Mining Limited (formerly known as 500.com Limited) for breaching the rules on special deals under the Code on Takeovers and Mergers. On 28 January 2021, Loto Interactive Limited announced a proposed share subscription by BIT Mining which would trigger a mandatory general offer upon completion. During the offer period, BIT Mining issued 85,572,963 class A ordinary shares to Man San Law in February 2021. It subsequently issued 65,000 class A preference shares to Law in April 2021. The issue of shares to Law constituted special deals under Rule 25 of the Takeovers Code and they were completed without the consent of the Executive. Moreover, BIT Mining did not obtain advice from its professional advisers on the Takeovers Code implications of these deals.

    Full text: click here

    [Hong Kong] Circular to licensed corporations - Further updates to the Exemption Scheme

    SFC Circular, 19 Jul 2021

    In light of the adjustments to the quarantine requirements for vaccinated persons arriving in Hong Kong announced by the HKSAR Government on 21 and 26 June 2021, the Chief Secretary for Administration of the HKSAR Government has approved revisions of the conditions under the Exemption Scheme. In particular, inbound travelers, who have stayed in high or medium risk places specified in Group B or Group C under Cap. 599H or Taiwan, China during the 14 days prior to their arrival in Hong Kong and who possess a positive result of a recognised serology antibody test, will be subject to itinerary and point-to-point transportation requirements for the first seven days instead of the entire 14-day medical surveillance period. The "Guidelines for vehicles providing point-to-point transportation arrangements for exempted persons (air crew, sea crew and others)”, the requirement for the submission of attestation forms to the SFC and the antibody testing and COVID-19 testing (post-arrival test) requirements of the Exemption Scheme have also been updated.

    Full text: click here

     

WeChat Official Account