Crypto Law Profile

Hong Kong Securities and Futures Ordinance (Cap. 571)

Hong Kong’s core securities and futures statute. It empowers the SFC, sets licensing and market conduct rules, and applies to security tokens, tokenised securities and related intermediary activity when SFO definitions are met.

Hong Kong Effective Act Apr 1, 2003

At a glance

Status In force in Hong Kong since Apr. 1, 2003.
Primary regulator Administered by the Securities and Futures Commission.
Crypto relevance Applies to security tokens and tokenised securities when SFO definitions are met.
VATP link Security-token trading platforms may require Type 1 and Type 7 SFO licences.

Overview

The Securities and Futures Ordinance (Cap. 571) is Hong Kong’s principal statute for securities and futures market regulation. As of June 17, 2026, it is in force and should be treated as the statutory base for the Securities and Futures Commission’s supervision of regulated activities, market infrastructure, public offers of investments, market misconduct, and disclosure obligations. SFC commencement materials state that the SFO was enacted on March 13, 2002 and commenced on April 1, 2003; it consolidated and modernized 10 existing ordinances governing Hong Kong’s securities and futures markets.

How the SFO fits Hong Kong crypto regulation

The SFO is not a crypto-specific statute. Its crypto relevance comes from the way Hong Kong treats a virtual asset, token, or tokenized product when it falls within SFO categories such as securities, interests in a collective investment scheme, offers of investments, or regulated activity. A token may be outside the SFO for one activity but inside the SFO for another, depending on its rights, structure, and the conduct being carried on.

For trading platforms, the SFC presents the perimeter alongside the Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Cap. 615). Centralized virtual asset trading platforms carrying on business in Hong Kong, or actively marketing to Hong Kong investors, are required to be licensed and regulated by the SFC under the SFO and/or AMLO. Under the SFO regime, a platform providing trading in security tokens through an automated matching engine, with custody ancillary to trading, is mapped to Type 1 regulated activity, dealing in securities, and Type 7 regulated activity, providing automated trading services.

Key provisions for digital assets and tokenization

  • SFC authority and market objectives: The SFO establishes the SFC’s market-facing objectives, including fair, efficient, transparent, and orderly securities and futures markets, investor protection, market integrity, and systemic-risk reduction.
  • Licensing and registration: Part V and Schedule 5 underpin licensing for regulated activities. For crypto businesses, this matters most where services involve security tokens, tokenized securities, automated trading services, securities advice, or asset management.
  • Offers of investments: Part IV is relevant when tokenized securities or other digital securities are offered to the Hong Kong public. Public offers may require authorization or another available exemption, depending on the structure.
  • Market misconduct and enforcement: The SFO provides the statutory framework for misconduct, investigations, disciplinary action, and market-integrity enforcement in securities and futures markets.

Tokenized securities guidance

The SFC’s November 2023 circular explains that tokenized securities are traditional financial instruments, such as bonds or funds, that are securities under Schedule 1 to the SFO and use distributed ledger technology or similar technology in their lifecycle. The circular states that existing legal and regulatory requirements for traditional securities continue to apply to tokenized securities, including the offers-of-investments regime under Part IV of the SFO and intermediary conduct requirements for distribution, advice, management, and secondary market trading.

The circular also frames tokenization as a technology layer rather than a standalone exemption from securities regulation. Intermediaries are expected to consider ownership, technology, custody, cybersecurity, settlement, and disclosure risks, while applying existing requirements to the underlying securities activity. This makes the SFO a central reference point for tokenized funds, security-token dealing, and digital securities distribution in Hong Kong.

Status, timeline, and next developments

The SFO has been operative since April 1, 2003. Its core status is therefore “In force” for CryptoSlate taxonomy purposes. The ordinance should be read with subsidiary legislation, SFC codes and guidelines, VATP licensing materials, AMLO, and newer virtual-asset policy materials where a business model involves both security tokens and non-security tokens.

As of May 26, 2026, the Financial Services and the Treasury Bureau and the SFC had published consultation conclusions on proposed regimes for virtual asset advisory and management service providers. The official release states that the proposed advisory and management regimes would align with Type 4 and Type 9 regulated activities under the SFO, respectively, and that the government and SFC were targeting introduction of a bill within 2026. That proposal is not itself an amendment in force, but it is a relevant watch item for future SFO-linked virtual asset regulation.

Key provisions

SFC objectives and powers

Establishes SFC market objectives and powers for securities and futures regulation, including investor protection, market integrity and systemic-risk reduction.

Market Structure Apr 1, 2003 Source

Licensing and registration

Part V and Schedule 5 underpin licensing for regulated activities such as dealing in securities, advising on securities, asset management and automated trading services.

Licensing Apr 1, 2003 Source

Offers of investments

Part IV is relevant to public offers of tokenised securities or other digital securities when they are securities or investment products under the SFO.

Disclosure Apr 1, 2003 Source

Security-token VATP licensing

SFC materials map centralized platforms trading security tokens with automated matching and ancillary custody to Type 1 and Type 7 SFO licensing.

Licensing Jan 16, 2025 Source

Tokenised securities treatment

SFC guidance treats tokenised securities as traditional securities using DLT or similar technology, with existing securities requirements continuing to apply.

Tokenization Nov 2, 2023 Source

Market misconduct and enforcement

Provides the statutory base for market misconduct, investigations, disciplinary action and enforcement across Hong Kong securities and futures markets.

Market abuse Apr 1, 2003 Source

Timeline

  1. SFO enacted

    The SFO was enacted as Ord. No. 5 of 2002, consolidating and modernising 10 securities and futures ordinances.

    Enacted Source
  2. Commencement notices gazetted

    SFC announced final subsidiary legislation and commencement notices needed for the SFO to begin operation.

    Enacted Source
  3. SFO commenced

    The SFO and related subsidiary legislation came into operation in Hong Kong.

    In force Source
  4. VATP framework materials published

    SFC published VATP licensing materials relevant to platforms operating under SFO and AMLO regimes.

    Enacted Source
  5. Tokenised securities circular

    SFC issued guidance on intermediaries engaging in tokenised securities-related activities.

    Enacted Source
  6. Enhanced VATP licensing process

    SFC extended its swift licensing process to new virtual asset trading platform applicants.

    Enacted Source
  7. VA advisory and management conclusions

    FSTB and SFC published conclusions for proposed VA advisory and management regimes aligned to SFO Type 4 and Type 9.

    Enacted Source

Who it affects

Actors

Financial Services and the Treasury Bureau, Hong Kong Monetary Authority, Legislative Council of Hong Kong, Securities and Futures Commission

Asset classes

Security tokens, Tokenized securities, Virtual assets

Official sources

Editorial note

Cap. 571 is not a crypto-specific statute. This profile focuses on security-token, tokenised-securities and SFC-intermediary implications. Read with AMLO (Cap. 615), SFC VATP materials and current SFC circulars.