Discussing the regulatory compliance issues of the Hong Kong Stock Exchange through the JPEX case

Author|Chu Yan

Recently, a screenshot of the JPEX exchange's withdrawal page has caused heated discussions among cryptocurrency users. This screenshot shows that the exchange's withdrawal limit is 1000U, the withdrawal fee is as high as 999U, and the user actually only receives 1U. This routine of preventing users from withdrawing money often appeared in some swindling exchanges. The exchange bought time to transfer platform assets by significantly raising the withdrawal threshold.

So what is the actual situation of the JPEX exchange case that has attracted the attention of Hong Kong regulators? What impact will this case have on the future regulatory compliance of Hong Kong virtual currency exchanges? The author will interpret the above questions through this article.

Timeline of events

  • July 2020 - JPEX Exchange was established, headquartered in Dubai, and is mainly engaged in virtual currency trading services in the Asia-Pacific region;
  • 2021 - JPEX Exchange will conduct offline promotion in places such as the Hong Kong subway, buses, and top floors of buildings, and will also work with KOLs and celebrities in Hong Kong, Taiwan and other places to promote its exchange business online;
  • June 2022 - JPEX launches a partner program that rewards recruitment and partners with high commissions;
  • July 2022, 7 - JPEX Exchange was included in the list of unlicensed companies and suspicious websites of the Hong Kong Securities and Futures Commission;
  • January 2023 - A user reported that he had used JPEX to invest in cryptocurrencies since June 1, and had invested about $2022 in JPEX, but had been unable to withdraw his money since January 6. The exchange's customer service invited him to go to Hong Kong to handle the withdrawal procedures, but when he went to Hong Kong to handle the withdrawal procedures, he was attacked by suspected exchange-related personnel, and then called the police in Hong Kong for help;
  • April 2023 - The Hong Kong Securities and Futures Commission received complaints from JPEX investors;
  • September 2023, 9 - The Hong Kong Securities and Futures Commission issued a "Warning Statement on Unregulated Virtual Asset Trading Platforms" in response to the JPEX Exchange case, announcing some factual issues involved in the case;
  • September 2023, 9 - JPEX Exchange restricts the withdrawal amount and increases the withdrawal fee. The Hong Kong Securities and Futures Commission refers the case to the Hong Kong police for handling;
  • September 2023, 9 - JPEX Exchange removed the game lobby product, which included the 16S contract guessing game;
  • September 2023, 9 - JPEX Exchange admitted that it had not submitted an application for a Hong Kong virtual currency exchange license;
  • September 2023, 9 - JPEX exchange delisted BTC, ETH, USDT and other financial products, which previously had an APY of up to 18%.
  • September 2023, 9 - Hong Kong police announced the operation model and promotion method of JPEX exchange at a press conference. Hong Kong artist Zhang Zhilin, who was once the spokesperson of JPEX, assisted the police in the investigation;
  • September 2023, 9 - The Hong Kong Securities and Futures Commission issued another statement saying that JPEX violated the confidentiality provisions of the Securities and Futures Ordinance and the Anti-Money Laundering and Counter-Terrorist Financing Ordinance and disclosed confidential communications between it and the Hong Kong Securities and Futures Commission's Regulatory Enforcement Department;
  • September 2023, 9 - Hong Kong Chief Executive John Lee expressed concern about the JPEX exchange case;
  • September 2023, 9 - The Hong Kong Securities and Futures Commission stated at a press conference that it will announce four lists of virtual asset trading platforms in the next step, including lists of licensed trading platforms, closed trading platforms, and platforms that have submitted license applications.

As of now, a total of 2305 victims involved in the JPEX exchange case have reported to the police in Hong Kong. The amount involved is as high as 14.3 billion Hong Kong dollars. The Hong Kong police have arrested 11 people and frozen 1500 million bank accounts, 800 million Hong Kong dollars in cash and properties worth 4400 million Hong Kong dollars involved in the case.

 

Hong Kong regulators have issues with virtual currency exchanges

1. Hong Kong regulators are still not familiar with the business of centralized virtual currency exchanges

The Hong Kong police announced the operating model and promotion methods of JPEX at a press conference, pointing out that the JEPX exchange privately keeps the private keys of users' addresses and controls user assets in this way.Those who are familiar with the operation mode of centralized exchanges know that the user assets of the leading centralized exchanges are all managed by the platform, and the platform guarantees the security of the user's assets. This method can lower the user's operating threshold and improve the user experience, but its disadvantage is that if the trading platform does evil, the user's asset security cannot be guaranteed. From this, we can see that the Hong Kong police still lack understanding of the virtual currency exchange business, and it may affect the future regulatory authorities' formulation of relevant regulatory policies.

In addition, when arresting the personnel involved in the JPEX exchange and recovering the assets involved, only physical assets such as cash and bank accounts were seized.In the case of virtual currency exchanges, most of the assets involved are virtual currencies. From the perspective of protecting the safety of investors' assets, the Hong Kong police should focus on recovering the virtual currency assets of platform custodians, so as to minimize the losses of the victims. However, from the current public information, the Hong Kong police's tracking of the virtual currency assets involved is progressing slowly.

2. JEPX exchange has low asset security and compliance

In its announcement responding to the regulator, JPEX mentioned that due to the service provider's blocking of the trading platform, users were unable to receive SMS verification codes. In this case, users are advised to use the last 6 digits of their mobile phone number as the withdrawal verification code.Telecom fraud is rampant at present, and a big reason for this is that citizens' personal information such as mobile phone numbers is seriously leaked, and some gray and black industries use the leaked information to commit telecom fraud. JPEX's withdrawal method is obviously extremely irresponsible for the security of user assets. Criminal gangs can use the leaked mobile phone number database to log in and steal user assets hosted by the platform.

In addition, the 45S Contract War product launched in the platform’s game hall is also very likely to involve the crime of opening a casino according to mainland criminal law, and the platform’s partnership model also has the risk of being suspected of organizing and leading pyramid schemes.

 

Thoughts on future regulation

Although the model of JPEX exchange is not much different from traditional fake exchanges, it has been promoted in the streets of Hong Kong for a long time, and has used Hong Kong celebrities and KOLs as platforms, resulting in most of the victims being Hong Kong investors, which has attracted investigations from Hong Kong regulatory authorities. It itself has little to do with the application for a Hong Kong virtual currency exchange license, but the case is extremely sensitive at this point in time.The subsequent handling methods and results will have a significant impact on the future regulation of virtual currencies in Hong Kong, and regulatory authorities will also be more cautious in licensing and supervising exchanges.Through the JPEX case, the author believes that the regulatory authorities should establish a mature on-chain and off-chain collaborative processing mechanism for similar exchange emergency incidents in the future to protect the safety of investors' assets to the greatest extent. After all, a very important point of compliance supervision is investor protection. Only when the safety of user assets is guaranteed can more investors enter Hong Kong's virtual currency market, thereby bringing more opportunities for the development of Hong Kong's virtual currency industry.