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Panama lawsuit requests axing CK Hutchison's canal concession
Panama lawsuit requests axing CK Hutchison's canal concession
by AFP Staff Writers
Panama City (AFP) Feb 4, 2025

Two Panamanian lawyers filed a complaint Monday to cancel the concession of a Hong Kong-based company for operating two ports on the Panama Canal, following US President Donald Trump's threats to seize the vital waterway.

A subsidiary of CK Hutchison Holdings -- owned by Hong Kong billionaire Li Ka-shing -- manages two of the canal's five ports, an arrangement in place since 1997 via a concession from the Panama government.

But Norman Castro, one of the lawyers in the case brought before the Supreme Court, told reporters the contract "violates what the constitution says in about 10 articles."

"After a detailed analysis of the contract... we decided that an action for unconstitutionality was the appropriate means" to challenge the concession, said Julio Macias, another lawyer behind the suit.

The complaint also accuses the Hong Kong subsidiary of not paying taxes and benefits due to a series of advantages that are allegedly against the law.

Panama Ports Company -- a CK Hutchison Holdings subsidiary -- currently manages the ports of Cristobal on the canal's Atlantic side and Balboa on the Pacific side.

That arrangement was automatically renewed in 2021 for another 25 years.

The case comes after Trump threatened to take back the canal -- built by the United States and handed to Panama in 1999 -- as he said China was effectively "operating" it.

But temperatures have lowered since Secretary of State Marco Rubio's recent visit to the Central American country, with Panama President Jose Raul Mulino announcing they will not renew participation in China's Belt and Road Initiative.

Following Trump's charges, Panama also announced an audit into the company.

CK Hutchison Holdings is one of Hong Kong's largest conglomerates, spanning finance, retail, infrastructure, telecoms and logistics.

CK Hutchison: the Hong Kong firm behind Panama port operators
Hong Kong (AFP) Feb 3, 2025 - A sprawling business empire built by Hong Kong billionaire Li Ka-shing is caught in the crossfire as the extent of Chinese influence over the Panama Canal is debated.

US Secretary of State Marco Rubio said last week it was "unacceptable" for Hong Kong-based companies to control the canal's entry and exit points, arguing they could shut down transit if Beijing ordered them to.

Panama has now announced an audit into the subsidiary of Li's CK Hutchison Holdings, which manages two of the canal's five ports.

Here's what you need to know about the Panama port operator and its ties to China:

- Who runs the ports? -

Hutchison Ports PPC -- which also uses the name Panama Ports Company SA -- has managed the port of Cristobal on the canal's Atlantic side and Balboa on the Pacific side since 1997 via a concession from the Panama government.

That arrangement was automatically renewed in 2021.

Hutchison Ports said last month that it is the "only port operator in the country where the state is a shareholder", and that it had paid the Panama government $59 million in the past three years.

It said its workforce is almost entirely Panamanian.

Parent company CK Hutchison Holdings is one of Hong Kong's largest conglomerates, spanning finance, retail, infrastructure, telecoms and logistics.

The company has a hand in running 53 ports in 24 nations, including in Britain, Spain and Australia.

- Hong Kong's 'Superman' -

CK Hutchison was built from nothing by Li -- now Hong Kong's richest man, nicknamed "Superman" for his business acumen.

His company Cheung Kong -- named after China's Yangtze River -- thrived in Hong Kong's property market during the British colonial era and began expanding overseas in the 1980s.

In 2015, CK Hutchison was born out of a restructuring.

Three years later, Li stepped down as company chairman at age 89 and handed control to his eldest son Victor.

The firm and its subsidiaries operate a range of businesses, including ports, in mainland China.

Li was known to have close ties with top Chinese leaders before Xi Jinping came to power.

Victor Li is a long-time member of the Chinese People's Political Consultative Conference, a top political advisory body.

- Exposure to China -

Rubio says the current arrangement is not in the national interests of the United States.

If Beijing ordered a shutdown of the canal, a Hong Kong firm would have no choice but to comply as "a company based in Hong Kong is the government of China", Rubio said last week, without specifying CK Hutchison by name.

A former British colony, Hong Kong was handed over to China in 1997 under a "One Country, Two Systems" framework which promised a high degree of autonomy and a separate legal and financial system.

But Beijing has remoulded Hong Kong in its authoritarian image after the city saw huge and sometimes violent pro-democracy protests in 2019.

Critics say the city's two subsequently imposed national security laws curtail rights and undermine the free and open business environment that made Hong Kong an international finance hub.

In 2020, Israel rejected an infrastructure bid from CK Hutchison after then US secretary of state Mike Pompeo warned about Chinese involvement.

- 'Never interfered' -

A Hong Kong government spokesperson told AFP that the city's authorities have "never interfered in the commercial operation of Hong Kong companies".

The financial hub has been a "staunch supporter of the multilateral trading system and opposes any country imposing measures or restrictions that undermine normal trade or business operations", the spokesperson said.

CK Hutchison did not respond to questions about canal operations. Last month the company directed AFP to a statement by its Panama subsidiary.

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