Page 61 - 期货和衍生品行业监管动态（2023年9月刊）

期货和衍生品行业监管动态

(a) JPEX states on its website that it is “a licensed and recognised platform to

facilitate the trading of digital asset and virtual currency”. It claims on its website and

local advertorials to have obtained licences from certain overseas regulators to operate

VATP, which is in fact not true (Note 2).

(b) JPEX offers very high returns for some of its products (Note 3).

(c) The SFC has received complaints from, and notes that there have been media

reports of, retail investors who were unable to withdraw virtual assets from their

accounts maintained with JPEX, or had found their account balances having been

reduced and altered.

(d) Some of the products offered by JPEX appear to be arrangements involving

virtual assets such as virtual asset “deposits”, “savings” or “earnings” which are not

allowed under the SFC’s regulatory regime for VATPs (Notes 4 and 5).

(e) JPEX publicised on its website and local advertorials that it had entered into a

business cooperation with and received investment from a Hong Kong listed company,

when, in fact, the cooperation has already been terminated and no investments were

actually made by the listed company.

(f) KOLs and OTC Shops have made false or misleading statements on social

media to suggest that JPEX has applied for a VATP licence in Hong Kong, either

independently or in partnership with a Hong Kong listed company, when in fact no

entity in the JPEX group has submitted any VATP licence application to the SFC.

The SFC has notified the relevant KOLs and OTC Shops of the SFC’s suspicions

and concerns and requested them to cease promoting JPEX and its related services and

products.

Under section 53ZRF of the Anti-Money Laundering and Counter-Terrorist

Financing Ordinance (AMLO), a person commits an offence if the person, directly or

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