CK Hutchison, a conglomerate based in Hong Kong, is under intense criticism from Beijing for selling its ports to a consortium led by BlackRock. This has led to speculation about China potentially taking actions to block the deal. The Hong Kong and Macau Affairs Office in China has shared two state media articles criticizing the transaction as a betrayal and against China's national interests. The deal involves the sale of assets near the Panama Canal and would give BlackRock significant control over global container throughput, making it the third-largest port operator globally. This could lead to increased port costs for Chinese companies and pose risks to Chinese supply chains.
There are discussions about what legal or policy measures Beijing and Hong Kong could use against CK Hutchison. Even though the ports being sold are not in China or Hong Kong, legal experts suggest that China could still scrutinize the deal. The State Administrative Market Regulation Authority could use anti-monopoly laws extraterritorially if the deal affects competition in the Chinese market. Additionally, China could utilize the Security Review Measures for Foreign Investments to assess foreign direct investments related to national security, such as infrastructure projects. While CK Hutchison is offshore-registered, it has business ties in China, which could give Beijing a basis to get involved. Hong Kong lacks specific regulations for screening sales of strategic assets, making the 2020 National Security Law a potential tool for investigating foreign deals involving local companies. The law targets activities like terrorism, collusion with foreign forces, subversion, and secession with severe penalties, potentially including life imprisonment.