Attorney Mankiw: Beijing officially announced a new solution to the compliance of the virtual currency involved in the case

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On June 5th, the Legal Affairs Office of the Beijing Public Security Bureau's public account "Legal Youth Court" published an article detailing the innovative "Beijing Model" - processing seized virtual currencies through Hong Kong-compliant licensed exchanges, achieving a closed loop from on-chain to off-chain, which is both legal and efficient and safe. According to the article, the Legal Affairs Division of Beijing Public Security Bureau, in collaboration with the Beijing Property Rights Exchange, has explored a new channel: first entrusting seized virtual currencies to the Beijing Property Rights Exchange for detection, reception, and transfer, then publicly selling them through Hong Kong-compliant licensed exchanges (such as OSL Exchange, HashKey Pro). After completing the transaction, the funds undergo national foreign exchange management approval procedures and are ultimately converted and deposited into the public security organ's special case account, which is then paid into the national treasury. So far, the Beijing Property Rights Exchange has processed a cumulative 5.468 million seized assets. According to information shared by Beijing lawyer Liu Yang, there are several key details behind this process: First, the First Research Institute of the Ministry of Public Security provided full technical support, recording the disposal process to ensure safety and compliance. This work was specifically completed by a wholly-owned subsidiary, Beijing Zhongtian Feng Safety Protection Technology Co., Ltd. Second, the bank collaborating with Zhongtian Feng Company is the CITIC Bank system, including CITIC Bank Beijing Branch and its Hong Kong branches, Hong Kong trust institutions, and non-bank financial institutions. The involvement of trust institutions is necessary because banks can only conduct inter-bank business and cannot directly open accounts at Hong Kong exchanges for disposal operations. Zhongtian Feng Company and CITIC Bank have developed a "Virtual Currency Disposal and Backflow Clearing System", which is currently deployed on the public security intranet and has been reported and approved by the People's Bank and State Administration of Foreign Exchange. Third, the cooperation between Beijing Public Security Bureau and Beijing Property Rights Exchange is not an isolated case. For example, Suzhou Public Security Bureau collaborates with local state-owned company Suzhou Bida Digital Asset Service Center. This indicates that the model has strong replicability. This "Beijing Model" solves the long-standing problem of being unable to directly cash out seized virtual currencies domestically and responds to the risks and challenges of cross-border disposal in judicial practice. By completing the sale through compliant Hong Kong licensed exchanges, with strict regulatory approval, seized virtual currencies can "cleanly" return from on-chain to off-chain and smoothly enter the national treasury, which is commendable from both legal and regulatory perspectives.

Therefore, instead of targeting retail investors, a truly smart Hong Kong exchange should research opportunities in the "institutional layer": judicial disposal and cross-border wealth management are the most typical scenarios.

And these are precisely the biggest market opportunities for Hong Kong crypto exchanges.

In recent years, virtual currencies have been increasingly appearing in criminal cases and civil and commercial disputes. Court judgments on asset division and virtual currencies seized by public security all require a compliant exchange that can complete a "chain-to-chain" closed loop, and Hong Kong can play exactly this role. It is close to the Chinese judicial system, has a mature licensed system, can ensure compliance, and can solve practical problems.

Due to work reasons, Lawyer Hong Lin has participated in many judicial disposal projects involving virtual currencies, and has learned about pilot documents from several provincial public security departments regarding judicial disposal of crypto assets. Without involving sensitive information, Lawyer Hong Lin can provide a few examples to help everyone better understand the professionalism and complexity of this mechanism.

For instance, when public security handles virtual currencies involved in cases, they require immediately disrupting network signals of the involved wallet to prevent suspects from transferring assets. Involved virtual currencies must be transferred to a qualified custodian to prevent others from secretly transferring funds through private keys or seed phrases.

In the disposal process, public security also requires converting non-stablecoin currencies into stablecoins, then converting them to foreign legal tender, while maintaining complete transaction lists and vouchers to ensure fair pricing, traceable processes, and auditable transactions.

For overseas involved virtual currencies, they need to entrust overseas qualified custodians or disposal entities to assist in freezing and realizing operations. These institutions must hold local financial regulatory licenses and meet China's compliance requirements, and can only be designated for cooperation after verification by the Ministry of Public Security's cybersecurity department.

After the funds are realized, similar to the Beijing model mentioned at the beginning of this article, international payment and restoration declarations must be completed with the central bank and foreign exchange administration before entering domestic accounts for fund settlement and disposal.

This comprehensive regulatory system ensures the legality and compliance of judicial disposal while providing sufficient traceability and security guarantees for future audits.

The existence of such internal rules not only demonstrates judicial authorities' high attention to virtual currency disposal but also reflects the dual defense lines of national financial and data security, further proving that crypto asset disposal is not just a concern for crypto spectators, but a systematic project at the national level.

And the core hub of this project is Hong Kong.

To some extent, whether Hong Kong can become a global crypto financial center ultimately depends not on technical capabilities or user volume, but on whether it can continuously play the role of a "compliant intermediary" within China's institutional boundaries. After all, the Beijing model has clearly shown that Hong Kong's role is indispensable in the legal and compliant judicial disposal and fund repatriation system.

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