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期货和衍生品行业监管动态

indirectly, in a transaction involving any virtual assets: (i) employs any device, scheme

or artifice with intent to defraud or deceive, or (ii) engages in any act, practice or course

of business that is fraudulent or deceptive, or would operate as a fraud or deception

(Note 6).

Under section 53ZRG of the AMLO, a person commits an offence if the person

makes any fraudulent misrepresentation or reckless misrepresentation for the purpose

of inducing another person to enter into, or offer to enter into, an agreement to acquire,

dispose of, subscribe for or underwrite any virtual assets (Note 7).

The SFC is also empowered by section 53ZTH to take action against any persons

who are knowingly or unknowingly involved in contravention-related conduct under

the AMLO.

The SFC will not hesitate to take enforcement action against individuals and

entities who fail to abide by the VATP regime administered by the SFC, including those
who are involved in such violations.

The SFC takes this opportunity to warn investors to be cautious about investment

opportunities that seem too good to be true. Investors should be sceptical of investment

advice posted on social media platforms and instant messengers by KOLs who are often

paid promoters but not investment professionals.

Once again, the SFC warns investors to be wary of the risks of trading virtual

assets on an unregulated VATP. Investors may risk losing their entire investment held

on the VATP if it ceases operation, collapses, is hacked or otherwise suffers from any

misappropriation of assets. Seeking recourse against platforms that do not have a nexus

with Hong Kong is likely to be difficult and legal remedies may not be available. If in

doubt about the licensing status of any VATP, please refer to the SFC’s list of licensed

virtual asset trading platforms.

Notes:

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