A recent ruling handed down by Panama’s Supreme Court, which annulled the contract renewal of a Hong Kong enterprise’s concession at the Panama Canal ports on the grounds of “unconstitutionality”, has been condemned as factually baseless, faithless, and for yielding to external political pressure.
This criticism was articulated in a strongly worded commentary under the name Gang Aoping, posted on the official account of the Hong Kong and Macao Affairs Office of the State Council on Tuesday.
The article responded to the Panama Supreme Court’s decision on Thursday, which declared that the concession held by the Panama Ports Co, a subsidiary of Hong Kong’s CK Hutchison Holdings, to run two major ports at the Panama Canal was “unconstitutional”.
The commentary said the ruling severely infringes upon the legitimate rights and interests of the enterprise. Consequently, it is opposed by both the central government and the Hong Kong Special Administrative Region government, and has drawn strong condemnation from all sectors of Hong Kong society.
On the day the ruling was announced, the Panama Ports Co issued a statement asserting that the ruling lacks legal basis and jeopardizes not only the company and its contract but also the well-being of thousands of Panamanian families involved with the ports’ operation. The company and its investors reserve all rights, including recourse to national and international legal proceedings, the statement added.
On Friday, Chinese Foreign Ministry spokesman Guo Jiakun said that China will take all necessary measures to resolutely defend the lawful interests of its companies. The Hong Kong SAR government also expressed strong opposition to any foreign government’s use of coercion, pressure, or other unreasonable means in international economic relations that seriously harm the lawful operational rights of Hong Kong enterprises.
Gang Aoping’s article said that the company’s concession contract for the Panama Canal ports has been in effect for nearly 30 years since its signing. Before and after the contract’s renewal, it was confirmed by local audit and regulatory authorities that the company had substantially complied with the contract terms and fully fulfilled its contractual obligations.
Without any fundamental change in law or evidence of illegal conduct, the court’s declaration of the contract as “unconstitutional” represents a serious violation of the rule of law and the principle of contractual integrity, the article said.
The article added that the Hong Kong enterprise had invested over $1.8 billion during its lawful operations in Panama, creating thousands of jobs, directly and indirectly. Rather than valuing this contribution, the ruling has stripped the company of its operating rights in a crude and arbitrary manner, an action that ultimately harms Panama’s own interests.
Anyone with a clear mind can see that the ruling reflects that the Panamanian authorities have completely submitted and shown servility to hegemony. This is evidenced by the reaction of some politicians from certain countries who immediately claim to be “encouraged” by the ruling.
The author stressed that the Chinese government will firmly safeguard the legitimate rights and interests of Chinese enterprises and will not stand idly by in the face of hegemonic and bullying actions.
“China possesses ample means, tools, strength, and capability to uphold fairness and justice in the international economic and trade order,” the article stated.
