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Court rules that contract with Hong Kong port operator violates Panama constitution

The Panama Supreme Court ruled that a contract signed by a Hong Kong-based company in 1990 to operate the ports at the Panama Canal was in violation of the Panama Constitution and did not serve the public interest.

The court released its decision on Friday, but did not explain the reasoning behind it. The decision was first reported by local TVN, and has since been confirmed by an official of the court. The decision was a win for Washington amid intensifying U.S. - China rivalry on global trade routes and President Donald Trump’s attempts to exert dominance over Latin America.

In its decision, the court stated that the contract held by Panama Ports Company - a subsidiary owned by Hong Kong's CK Hutchison - violated Panama's Constitution by granting the company exclusive tax exemptions and privileges. The contract did not include a clause requiring 'environmental impact assessments' and said that the government would have to get Panama Ports approval before it could grant any other concessions.

The nine-member court unanimously ruled that PPC was granted disproportionate rights and prerogatives, which created conditions that effectively eliminated competition and resulted in a monopoly, in practice.

"Furthermore it places decisions in private hands that should be made in the public interest...prioritizing private interests above the general welfare of the society."

This decision could complicate a proposed $23 billion deal by?CK Hutchison to sell dozens of ports around the world, including Panamanian terminals, to a 'consortium' led by BlackRock & Mediterranean Shipping Company.

Trump hailed the proposed sale, particularly the assets of Panama Ports as a success?because the operations at the Canal would be under majority U.S. ownership. China, however, opposed the sale of Panama Ports' assets and threatened to block it.

China's Foreign Ministry said it would "take all necessary measures" to protect the rights and interests Chinese enterprises. Hong Kong's Government criticized foreign governments for their coercive intervention in international trade relationships. (Reporting and editing by Emily Green, Tom Hogue and Emily Green; Additional reporting and Kylie Madry by Natalia Siniawski)

(source: Reuters)