Hong Kong's crypto bill could force unlicensed OTC desks and custodians to stop operating
Hong Kong will table a bill by end-2026 creating four SFC crypto licences, covering dealing, custody, advisory and management, with no grandfathering. For firms holding neither an SFC nor an HKMA licence, the date that decides their business is commencement, and it has not been set.
The Investor · Invest desk
What happened
- Secretary for Financial Services and the Treasury Christopher Hui confirmed the year-end target at a Legislative Council Finance Committee briefing on October 5, 2026.
- The bill is a joint proposal from the Treasury bureau and the SFC, drafted as an amendment to Hong Kong's anti-money-laundering ordinance, Cap. 615.
- The HKMA granted Hong Kong's first stablecoin issuer licences in April, to Anchorpoint Financial and the Hongkong and Shanghai Banking Corporation.
Why it matters
- Who's exposed exposure OTC desks and key custodians operating without an SFC or HKMA licence carry the stop-operating risk; exchanges licensed since 2023 are already inside the system.
- What it limits constraint If the SFC approves applications at the stablecoin regime's pace, a firm that waits for commencement to apply could be unable to operate for most of a year.
- Who has to decide decision Unlicensed firms have to commit to an SFC application, or to leaving Hong Kong, before the bill text or a start date is public.
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The 87 days left in the year [17] count down to tabling, a deadline the government set for itself. Hui has held the end-2026 date since at least January, when he said regulators would bring a proposal before the year closed [13]. On Monday he said the government would submit the bill "within this year", according to a government statement cited by Cointelegraph [3], and he called it a response to "innovative developments" in financial technology [14]. Tabling only starts the legislative process. The government has not given a commencement date for the four regimes, and commencement is when an unlicensed firm's business is at risk [9].
That risk comes from one design choice. According to Crypto Briefing, the proposal has no transitional or grandfathering provisions, and businesses without an existing SFC or HKMA licence may be required to stop operating once the rules commence [9]. Centralised exchanges have been under SFC licensing since 2023 [11]. The new exposure sits with over-the-counter desks that match large buyers and sellers away from exchange order books, and with firms that hold private keys for clients [8]. Advisers and portfolio managers are covered as well [8]. The stated principle is "same business, same risks, same rules" [6], and each new licence lines up with a matching type under the Securities and Futures Ordinance [7]. I'd expect a manager already licensed under that ordinance to find the new application familiar.
Consultation responses clustered on the same two activities. Dealing and custody drew more than 190 responses against 51 for advisory and management [10], a ratio above 3.7 to one [18]. The dealing and custody conclusions came out on December 24, 2025, and the advisory and management ones on May 26, 2026 [10]. A late-December tabling would put about a year of drafting behind the first pair and about seven months behind the second [19].
The only licensing throughput in these sources comes from the stablecoin regime. The Stablecoins Ordinance took effect on August 1, 2025 [12], the HKMA had begun processing issuer applications by January [13], and it granted its first licences, to Anchorpoint Financial and the Hongkong and Shanghai Banking Corporation, in April [15]. The gap from commencement to the first two approvals was eight to nine months [16]. Two licences is a thin sample, and issuing stablecoins is a narrower business than OTC dealing.
The bill could be tabled by December as drafted and pass without a transition, leaving the cost with firms that waited. Lawmakers could instead add a transition period during scrutiny. Or tabling could slip into 2027, breaking a timetable Hui has repeated since January [13].
I think firms should plan for the first. The government has held more than 190 responses on dealing and custody since December 2025 [10], and the proposal it is preparing to table still contains no grandfathering [9]. The counter-case is that a long gap between passage and commencement would give firms the time that grandfathering does not, and nothing in the record rules that out. A tabled bill with a transitional clause, or a commencement date set a year or more after passage, would prove this view wrong.
What to watch
- Whether the bill text tabled before December 31 adds a transitional or grandfathering clause that the current proposal lacks.
- The commencement date the government sets, and how many months it falls after the Legislative Council passes the bill.
- Whether the timetable slips into 2027, the first break since Hui set the end-2026 target in January.
Information, not investment advice. This story is general information about companies and markets, drawn from cited reporting. It is not a recommendation to buy, sell or hold any security; check the cited sources before acting.
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- [1]
The Hong Kong government plans to send a bill to the Legislative Council by the end of 2026 that would license four types of virtual asset businesses: dealing, custody, advisory and management.
- [2]
Secretary for Financial Services and the Treasury Christopher Hui confirmed the target during a Legislative Council Finance Committee policy briefing on October 5, 2026.
- [3]
Hui told a Monday policy briefing that the government will submit an amendment bill "within this year", according to a Hong Kong government statement.
- [4]
The proposal comes jointly from the Financial Services and the Treasury Bureau and the Securities and Futures Commission, and would be made as an amendment under the Anti-Money Laundering and Counter-Terrorist Financing Ordinance, Cap. 615.
- [5]
All four licensing regimes would be supervised by the SFC.
- [6]
The guiding philosophy of the proposal is "same business, same risks, same rules."
- [7]
Each new crypto licence category lines up with a corresponding type under the Securities and Futures Ordinance.
- [8]
Dealing covers over-the-counter trading desks that match large buyers and sellers away from public exchange order books; custody targets firms that hold private keys on behalf of clients; advisory applies to businesses giving advice on virtual assets; management captures portfolio management for digital assets.
- [9]
The proposal includes no transitional or grandfathering provisions; businesses that do not already hold SFC or HKMA licensing may be required to stop operating once the new regulations commence.
- [10]
Consultations on the dealing and custody regimes drew more than 190 responses, with conclusions published December 24, 2025; the advisory and management consultations drew 51 responses, with conclusions released May 26, 2026.
- [11]
Licensing of virtual asset trading platforms began in 2023, bringing centralized exchanges under SFC supervision.
- [12]
Hong Kong's Stablecoins Ordinance took effect on August 1, 2025.
- [13]
In January, Hui said regulators planned to submit a draft proposal on crypto asset regulation before the end of 2026, and that the HKMA had begun processing licence applications for stablecoin issuers.
- [14]
Hui said the amendment bill covering the four categories comes in response to "innovative developments" in financial technology.
- [15]
In April, the HKMA granted its first stablecoin issuer licences to Anchorpoint Financial and the Hongkong and Shanghai Banking Corporation.
- [16]
The stablecoin regime took eight to nine months from commencement to its first two issuer licences.
- [17]
From the October 5, 2026 briefing to December 31, 2026 there are 87 days.
- [18]
Dealing and custody consultations drew more than 3.7 times as many responses as advisory and management.
- [19]
A late-December 2026 tabling would come about a year after the dealing and custody conclusions and about seven months after the advisory and management conclusions.
Sources
2 independent publishers whose own reporting we read for this story.
- cointelegraph.comHong Kong officials double down on end-2026 deadline for crypto licensing bill
1 article · October 6, 2026
- cryptobriefing.comHong Kong government reaffirms end-2026 deadline for crypto licensing bill
1 article · October 6, 2026
Topics and entities
Topics
- Hong Kong crypto regulation
- Stablecoin Regulation
- Institutional Crypto Custody
- Virtual Asset Licensing
Entities
- Hong Kong Monetary Authority
- Securities and Futures Ordinance
- Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Cap. 615)
- Stablecoins Ordinance (Hong Kong)
- Securities and Futures Commission
- Financial Services and the Treasury Bureau
- HSBC
- Anchorpoint Financial
- Legislative Council of Hong Kong