Government of fictitious money ｜ plans to set license plate to make compasses canal trade accurate abroad company applies for to hold a card after to inquire and consult

General affairs of finance and economics and library Wu bureau are early forward public to inquire and consult suggests about the legislation that strengthens blow to wash fund plan to be in charge of, include to build fictitious asset to serve dealing system of the person that offer among them. Authorities shows, in view of have certain market sentiment, the decision adjusts a proposal, concessional hold water in other place but in Hong Kong basis " company orders " registered company, application license plate, will order to open type license plate, initiative card system carries out plan of of people of talent, can offer 180 days to transfer period grant to apply for, applicant beard appoint is least two functionary. Authorities suggests inspect of the card that endow with authority is met, routine of location of accessibility concerned business inspects, ask for file, investigation to violate compasses and bring to bear on disciplinary sanction. Authorities can be summed up according to to inquire and consult, begin to plan to edit fully byelaw draft, the target is in 2021-22 legislation year is referred discuss.

Authorities limits fictitious asset to be with digital form expression, computation or store the capital unit of value; Its function or draw up function, it is to serve as what the public accepts to trade agency, can make goods or service pay, pay off amount due or investment use; And can transfer through electronic means, store or buying and selling. This definition does not cover legal number money, get the 571st order " negotiable securities and futures orders " the financial capital of compasses canal. The proposal brings into the business of concerned bourse byelaw compasses canal, include concessional or invite a client to fall dish, go out with money or fictitious asset are bought or selling, ever kept in business course, hold accuse, the trading that control or canal have any moneys or fictitious capital fund platform, intended operator must be met to inspect application license plate.

Store the value pays the number in tool, flight not to belong to definition Geng to surround

The major person that respond to person agree with afore-mentioned draw up to define, and suffer Geng of compasses canal activity to surround. The response pays close attention to draw up to define, whether to cover alleged " stable currency " , reach can deny with store the definition jackknife that the value pays a tool. Authorities points out, the draw up of fictitious asset is defined, do not cover uptodate get the 584th order " pay a system to reach store the value pays toolbar exemple " of compasses canal store the value pays a tool. " product of enclosed, limited use " it is to point to, cannot transfer on property, trade or the product of crossing-over, if fly token of plan of award of award of li of number, credit card, gift card, client, game, these products won't be brought into the definition of fictitious asset.

Each form is fictitious money no matter value is stable

The definition of fictitious asset will apply to multiform fictitious money, no matter its value is stable, namely so called " stable currency " , also no matter its assure the category of asset. Because answer,fictitious capital market grows ceaselessly, to ensure law exemple has flexibility, inspect of card of meeting ode authority can order authorities bright those who make fictitious asset definition is idiosyncratic, and director of bureau of library of the money that endow with authority can decide by the circumstance, the value that expresses with digital form can be denied be regarded as fictitious capital fund.

Concessional and abroad company applies for license plate after harbor is registered

Authorities shows, in view of have certain market sentiment, the company that concessional blame this locality establishs the liability, participate in regulation control to spend, consider at the same time be necessary to make sure inspect is met truly can supervise effectively reach execute the law, authorities decides to adjust a proposal, concessional hold water in other place, but in Hong Kong basis the 622nd chapter " company orders " registered company, apply for license plate of fictitious capital exchange, will order to open type license plate, should be not met by card inspect only namely cancel license plate, belong to namely continue effective.

Authorities decision is concessional hold water in other place, but the company that registers in Hong Kong, apply for license plate of fictitious capital exchange. (data picture)

Will set 180 days to transfer applicant of period meeting examine and verify has without con case bottom

Initiative card system carries out plan of of people of talent, can offer 180 days to transfer period, assistance has fun at personage application. As to of the person that hold a card criterion, card inspect can be met consideration, whether was the applicant ever being washed by ruling offend anyplace money crime or other and serious crime, or the crime that ever was concerned by ruling and behavior of con, fraud or dishonesty; The experience of this personage and relevant qualifications and record of service; Whether reputation is good with finance dovish. Authorities also suggests applicant beard appoint is least two functionary, to holding card person to abide by compasses canal in the future the requirement is lost on responsibility.

Meeting routine inspects inspect of the card that endow with authority bourse and investigation

Card inspect can obtain a proposal to endow with authority, routine of location of accessibility concerned business inspects, the requirement offers file and other record, investigation to violate compasses circumstance to reach bring to bear on to violating compasses act disciplinary sanction, include to condemn, compel make correct, administrative amerce, reach temporary revoke or cancel license plate, yi Jian discusses reference " negotiable securities and futures orders " , gift card inspect can intervene influence, when having need, be restricted or prohibit holding card person to reach its to couplet Kui is run hypostaticly, if prohibit when break a contact of the person that hold a card,participate in any trading further.

Disciplinary sanction includes penalty 10 million, revoke license plate

Punish a respect, each disciplinary sanction, include temporary revoke or cancel license plate, condemnation, compel correct and fine, highest amount is 1, 0 yuan, or gotten profit or 3 times what avoid amount of loss place experience, with amount taller person for , legal appeal by " blow washs money and terrorist capital to raise money Fu nucleus careful makes arrangement " responsible.

Also suggest to be aimed at the crime that program of abide public prosecution convictions, conclude highest criminal punishs a ︰

(A) undertakes getting the fictitious capital activity of compasses canal without the card, can penalize a fund 5 million yuan are mixed imprison 7 years; And if belong to persistent crime, each days during can lasting with respect to this crime, other part fines 100 thousand yuan;

(B) falls in the circumstance related to application license plate, any wanting make the false, statement that have beguiling sex or provides misdirect sex, can penalize a fund 1 million yuan are mixed imprison two years;

(C) disobeys blow to wash the statutory requirement that money and terrorist financing raise, can penalize a fund 1 million yuan are mixed imprison two years; And

(D) makes the inconsistent with the facts that have con part or not considers the actual situation to prevail on other is purchased or sell fictitious asset state, can penalize a fund 1 million yuan are mixed imprison two years.

General affairs of finance and economics and library Wu bureau will come on November 3 last year this year during January 31, concern to public to inquire and consult strengthen blow to wash money and terrorist capital to raise money the legislative proposal of compasses canal, be in namely the 615th chapter " blow washs money orders " below, dealing system of the person that build fictitious asset service to offer, build precious metal and gem to trade two class register business system, and miscellaneous the technology edits.

Extremely period of to inquire and consult ends 79 opinions book, among them 47 opinions are centered in compasses canal the person that fictitious asset service is offerred, additionally 13 concentration trade in compasses canal gold and gem business, book of the others opinion criterion whole responds to all proposals and system. Authorities can be summed up according to to inquire and consult, begin to plan to edit fully byelaw draft, the target is in 2021-22 legislative year, refer grant legislative joint hearing is discussed.

(turn from Hong Kong 2021-05-21 of 01 societies news)