Possession of Bitcoin nonetheless authorized in China regardless of the ban, lawyer says

Regardless of implementing a serious cryptocurrency ban one yr in the past, the Chinese language authorities nonetheless protects native crypto buyers as crypto is acknowledged as digital property protected by the legislation.

One of many world’s most hostile nations towards Bitcoin (BTC), China has not but banned the possession of cryptocurrencies, in keeping with David Lesperance, founding father of Lesperance & Associates legislation agency.

Crypto holders in China are protected by the legislation in case of theft, misappropriation or breach of a mortgage settlement, Lesperance informed Cointelegraph. He emphasised that crypto exchanges are nonetheless banned in China.

The lawyer referred to a current Chinese language courtroom case involving a breach of a mortgage made within the Litecoin (LTC) cryptocurrency. Defendant Ding Hao failed to totally pay again all 50,000 LTC that he borrowed from Zhai Wenjie in 2015, which turned a serious courtroom precedent involving cryptocurrency in China.

Since 2015, the worth of Litecoin has jumped roughly 1,800%, because the cryptocurrency was buying and selling at round $3 seven years in the past, in keeping with information from CoinGecko.

On Aug. 31, the Beijing No. 1 Intermediate Courtroom dominated that the defendant owed Zhai the remaining quantity of Litecoin, rejecting Ding’s argument that the Individuals’s Financial institution of China (PBoC) formally banned crypto transactions final yr.

“The courtroom has upheld that cryptocurrencies like Litecoin are “property” though they’re created within the digital realm,” Lesperance mentioned. He emphasised that the crypto group “shouldn’t draw any explicit optimistic inferences” from the case because it was a “very odd” industrial mortgage dispute which was settled beneath regular property legislation guidelines, stating:

“Up to now, possession of crypto in China has not been banned. […] It doesn’t make the industrial buying and selling of such a property authorized, as the federal government has particularly banned crypto exchanges in China.”

Whereas Lesperance says that crypto exchanges are banned in China, some native crypto fans are assured that the PBoC has by no means explicitly banned people from buying and selling cryptocurrencies.

“It’s true that China does not need people to commerce crypto. However that is by no means being written in any formal doc,” an individual linked to the crypto business in China informed Cointelegraph.

Associated: Chinese language mining large Canaan doubles income regardless of the blanket crypto ban

In line with the supply, many mainland customers see their financial institution playing cards frozen in the event that they use them for crypto over-the-counter (OTC) transactions. Nevertheless, trusted OTC channels nonetheless enable crypto transactions in China.

“So though buying and selling crypto just isn’t unlawful, we do not wish to waste our time arguing with banks as a result of clearly, they assume every thing about crypto is against the law,” the particular person mentioned.

The newest information brings one more piece of proof that crypto has not been completely suppressed in China for the reason that authorities introduced a coordinated crackdown on crypto in September 2021. As beforehand reported, China returned its place because the second-largest Bitcoin hash charge supplier as of January 2022.

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