PANAMA CITY, Jan 30 (Reuters) - A contract held by a
Hong Kong company to operate ports at the Panama Canal violated
the Panama constitution and did not serve the public interest,
the country's Supreme Court said in a Thursday decision that
voided a deal made in the 1990s.
The court issued its decision on Thursday, but it did not
formally release its ruling or explain its rationale. Local
television station TVN first reported on the decision, which has
been reviewed by Reuters and confirmed by a court official.
The ruling gave Washington a victory amid the intensifying
U.S.-China rivalry over global trade routes and President Donald
Trump's efforts to exert dominance in Latin America.
The court said in its decision that the contract held by
Panama Ports Company, a subsidiary of Hong Kong's CK Hutchison ( CKHUF )
, violated Panama's constitution by giving the company
exclusive privileges and tax exemptions. The contract also
lacked a requirement for environmental impact assessments and
said the government had to seek Panama Ports' approval before
granting other concessions, the court said.
"Disproportionate rights and prerogatives are granted to
PPC, creating conditions that effectively eliminate competition
and result in a monopoly in practice, even though no monopoly is
formally declared," the nine-member court said in a unanimous
decision.
"Furthermore, it places in private hands decisions that
should be in the public interest ... prioritizing private
interests over the general welfare of society."
The decision could complicate CK Hutchison's ( CKHUF ) proposed $23
billion sale of dozens of ports worldwide - including the
Panamanian terminals - to a consortium led by BlackRock ( BLK )
and Mediterranean Shipping Company.
Trump had championed the proposed sale - particularly of
Panama Ports' assets - as a victory because it put operations at
the canal under a majority U.S. ownership. But China opposed the
sale and threatened to block the deal.
After the ruling, China's foreign ministry said it would
take "all necessary measures" to defend the rights and interests
of Chinese enterprises, and Hong Kong's government criticized
what it described as coercive interference by foreign
governments in international trade relations.