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Hong Kong High Court's Innovative Ruling: Blockchain Injunction Opens a New Era of Encryption Asset Protection
The New Landscape of the Crypto Assets Market and the Innovative Ruling of the Hong Kong Court
Recently, the High Court of Hong Kong has established a judicial precedent in the field of Crypto Assets, attracting widespread attention within the industry. This ruling not only reflects the adaptability of the Hong Kong judicial system to emerging financial technologies but also provides new ideas for resolving disputes related to Crypto Assets.
The Innovative Injunction of the High Court of Hong Kong
At the end of last year, the Hong Kong High Court issued a remarkable injunction. The case involved a Hong Kong private company established in 2015, which lost approximately 2.6 million USDT in a telecom fraud. The company's representative quickly sought legal channels to apply to the Hong Kong High Court for an injunction against the two involved Tron wallet addresses.
The court responded quickly, and Deputy Judge Douglas Lam issued an asset freeze injunction. This injunction was sent directly to the two wallet addresses involved through a tech company. This practice is equivalent to "marking" the wallets involved on the blockchain, allowing anyone who transacts with these wallets to see this ban.
Under Hong Kong law, violating an injunction may lead to a contempt of court charge, potentially resulting in imprisonment or fines. This measure effectively restricts the liquidity of the Crypto Assets in the involved wallet, preventing further losses to the plaintiff.
The Significant Meaning of the Judgment
The significance of this ruling lies in its direct response to the legal challenges posed by the anonymity of Crypto Assets. In the past, due to the difficulty in identifying the actual controllers behind Crypto Assets wallets, many civil disputes involving Crypto Assets were hard to resolve through traditional legal means.
The innovative approach of the High Court of Hong Kong allows for a direct use of wallet addresses as defendants, issuing injunctions through blockchain technology, providing a new solution to the problem of "only knowing the wallet, not the real person." This is applicable not only to individuals or companies with clear identities but also to anonymous wallets, greatly expanding the scope of legal applicability.
New Interpretation of the "Security" of Crypto Assets
This ruling has also prompted a rethinking of the "security" of crypto assets. If "security" is understood as avoiding judicial oversight, then this kind of "security" is indeed weakening. The court's practice of directly sending injunctions to wallet addresses has effectively created a global precedent, whereby judicial authorities can still take action against the involved wallet even if exchanges or stablecoin issuers do not cooperate.
This means that the space for evading judicial control by utilizing the anonymity of Crypto Assets is gradually shrinking. In the future, even foreign citizens may be able to recover losses by issuing similar injunctions through technology companies and law enforcement agencies in Hong Kong.
The Development of Hong Kong's Crypto Assets Legal System
Looking back at the judicial development of Hong Kong in the field of Crypto Assets, several important milestones can be identified:
The Gatecoin case at the beginning of 2023: The Hong Kong court first recognized that Crypto Assets constitute "property", thereby granting them protection under relevant laws. This ruling aligns with the positions of other major common law jurisdictions, providing clarity on the legal status of Crypto Assets in Hong Kong.
The introduction of the stablecoin bill: This bill provides a compliance framework for fiat-backed stablecoins, enhancing the financial security of stablecoin holders and institutions, and promoting the integration of traditional finance with blockchain technology.
Ensuring Crypto Assets through blockchain technology: This latest step allows injunctions to be sent directly to wallet addresses, breaking the requirement for the identity of the defendant in traditional judicial procedures, providing a new avenue for resolving disputes involving crypto assets.
These measures demonstrate the flexibility and foresight of the Hong Kong judicial system in adapting to emerging financial technologies, laying a solid legal foundation for Hong Kong to become a global Crypto Assets center. With the implementation of these innovative measures, Hong Kong's position in global Crypto Assets regulation and judicial practice is continuously improving.