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CK Hutchison: Panama Canal port workers were removed following a court-ordered takeover

Hong Kong conglomerate CK Hutchison announced on Tuesday that Panama authorities had threatened to prosecute its employees if they 'defied orders' to leave two strategically important canal ports in the midst of a legal dispute which has involved Beijing and Washington.

CK?Hutchison? said that Panama's decision of cancelling key port contracts and granting temporary licences to Maersk & the Mediterranean Shipping (MSC), was 'illegal', and it is considering national and international legal actions against the country.

Panama published Monday in its official gazette a Supreme Court decision cancelling key port contracts by a subsidiary known as Panama Ports Company, a subsidiary CK Hutchison. This publication completes the legal cancellation of concessions at the Balboa, Cristobal and Panama Canal terminals operated by Panama Ports Company (a subsidiary of CK Hutchison) for almost three decades.

Washington won a major victory with the ruling issued late in January amid escalating U.S. and Chinese rivalry regarding global trade routes. Donald Trump, the U.S. president, has been pushing to reduce Chinese influence on the Panama Canal which is responsible for about 5% global maritime trade.

CK Hutchison reported that Panamanian authorities?made a "direct physical entry" into the Balboa & Cristobal port on Monday in order to remove PPC staff who had been threatened with criminal prosecution if a defiance of orders. CK Hutchison stated that PPC employees were instructed not to contact the company.

"CKH believes that the executive order, the purported termination PPC's contract, and the taking over of the terminals are illegal," CK Hutchison stated in a Hong Kong Stock Exchange statement.

"The actions of the Panama State also?raises serious risks to operations, health and security at the Balboa terminals and Cristobal Terminals."

CK Hutchison stated that it was in contact with its legal counsel to pursue national and international legal 'actions against Panama and other third parties. In a separate Tuesday statement, the Hong Kong government expressed its'strong dissatisfaction' and opposition with Panama's takeover. It urged Panama authorities to respect contracts and create a fair business environment.

On Tuesday, the Hang Seng Index in Hong Kong was down 1.9% as well as the company's Hong Kong listed shares.

PANAMA AUTHORITIES TO RUN PORTS FOR NOW The Hong Kong conglomerate said on February 12 it had notified Panama of an investment-protection treaty dispute that it would pursue after Maersk signalled its interest in running the ports. The Hong Kong conglomerate said on February 12 that it had notified Panama of an investment-protection treaty dispute that it would pursue after Maersk signaled its interest in running the ports.

Alberto Aleman Zubieta is the head of the technical team overseeing transition.

The government has approved two temporary concession agreements with AMP for up to 18-months, for?the operations of the Balboa terminal and Cristobal Terminal. APM Terminals Panama is responsible for the Balboa Port, and TIL Panama (part of MSC) will be in charge of Cristobal.

The?move? could disrupt CK Hutchison?s proposed $23 billion sale to a consortium headed by BlackRock and MSC of dozens ports around the world, including Panamanian terminals.

The Panamanian president Jose Raul Mulino stated that the temporary contracts were issued as "a legitimate tool respecting asset ownership".

"Let's be clear: this does not imply expropriation, but their use in order to maintain the operations of the ports, until their true value is determined for the corresponding measures. Mulino reiterated that this was not an expropriation in a Monday afternoon televised speech.

Mulino said that the government will formalize an agreement to allow APM Terminals Panama, to manage and control the ports as soon as the ruling becomes legally binding.

Mulino stated that the arrangement would continue to exist while the state developed a new?competitive? concession?framework for future awards, "with humility to not repeat the mistakes from the past."

He stated that neither the port operations nor the employment of workers will be affected by this process.

A request for comment about CK Hutchison made outside of office hours to the Panama President's Office did not receive a response immediately.

Maersk and MSC had no immediate comment. (Reporting and writing by Elida Moreno and Clare Jim, Writing and editing by Natalia Siniawski, Sarah Morland and Chris Reese, and Lincoln Feast.

(source: Reuters)