Public Notice
Food and Environmental Hygiene Department
Auction of 2018 Che Kung Festival Fair Stalls

Che Kung Festival Fair Venue and Fair Period
 
The 2018 Che Kung Festival Fair will last for eighteen days, from 13 February 2018 to 2 March 2018 (both dates inclusive) at Chui Tin Street Soccer Pitch, Sha Tin. The fair will end at 10 p.m. on 2 March 2018.
 
Duration for Setting up of Stalls (not open to public)
 
2. Che Kung Festival Fair venue will be opened to the successful bidders for setting up of stalls for 2 days from 11 February 2018 to 12 February 2018.
 
Special Note (unforeseeable reasons that will cause reduction of licence period)
 
3. In the event of any unforeseeable incident that happens on or before 11 February 2018, the Government will have a right to postpone the commencement date and shorten the duration of the licence period (which includes the duration for setting up stalls and the Fair period).  If the duration of the licence period is shortened, the bidding price (licence fee) paid will be refunded to the successful bidder on a pro-rata basis without interest.
 
Date, Time and Place of Auction
 
4. The auction of stalls in the fair venue will take place on 22 November 2017 at 9:30 a.m. in the Wo Che Community Hall, Wo Che Estate, Sha Tin. Bidders should arrive at the auction venue before 9:15 a.m.  The auctioneer may, according to the progress of the auction, suspend the auction and arrange one-hour lunch break at suitable time. Dry goods stalls will be put up for auction first and followed by wet goods stalls.
 
Auction Conditions and Requirements
 
5. (a)

Any person who is 18 years of age or above, treated as  ordinarily resident in Hong Kong under section 2 of the Immigration Ordinance (Cap. 115)(Annex I) can take part in the auction and bid for one or more stalls.

     
  (b) A stall will be allocated to the person making the highest bid (which will be repeated thrice) at the fall of the hammer.  The Department reserves the right to withdraw any stall before the fall of the hammer.
     
  (c) Any person who has engaged in or committed any of the following acts will not be allowed to bid in the auction:-
    (i)
using dishonoured cheques or failing to pay the sum required immediately after the successful bidding at any auction organized by the Government; or
    (ii)
mutilating, destroying, damaging or abandoning unsold flowers and plants at and in the vicinity of stalls in the previous Lunar New Year Fairs, Che Kung Festival Fair and Lam Tsuen Fong Ma Po Fair; or
    (iii)
breached any of the following clauses stipulated in the licence agreement in respect of the previous Lunar New Year Fairs, Che Kung Festival Fair and Lam Tsuen Fong Ma Po Fair -
     
(1)
not to assign, sublet, transfer or otherwise part with any of the benefits or obligations of the licence agreement;
(2)
not to use the licence area for gambling or for any unlawful or immoral purpose;
(3)
not to display, show, offer for sale or sell Class II Articles (indecent) or Class III Articles (obscene) under the Control of Obscene and Indecent Articles Ordinance (Cap. 390);
(4) failure to comply with the directive of the Government to stop conducting any activity to publicize, promote, display, show or sell any article which is incompatible with the object of the Che Kung Festival Fair for all ages of the public to participate;
(5) failure to comply with the directive of the Government to stop conducting any activity to publicize, promote, display, show or sell any article in such a manner as to obstruct the free movement of pedestrians or affect the normal operations of other licensees in the Che Kung Festival Fair;
(6) not to use any loud hailers, amplifiers or other sound devices for promoting the business which may result in  obstruction to the free movement of pedestrians in the Che Kung Festival Fair and may become a nuisance to other persons; or
(7) the height of dry goods stalls not to exceed 3 m from ground level;
     
  (d)
A bid by a person who is prohibited from bidding in this auction will become null and void irrespective whether it is accepted as successful bid or not.
     
  (e)
A binding contract is formed at the fall of the hammer between the Government and a successful bidder if his/her bid is valid.  Immediately after bidding the stall, the successful bidder is required to register in person on the spot in his/her own name  as a Licensee (body corporate or unincorporate will not be accepted) and to pay the bid price of the stall in cash or by cheque (post-dated cheque will not be accepted). If the successful bidder fails to pay the bid price immediately, he/she will have to forefeit his/her right to the stall and the stall will be put up for re-auction straight away.  This bidder will be liable for damages or losses suffered by the Government as a result of his/her failure to pay, which include but are not limited to, the shortfall between the original successful bid price and the new successful bid price.
     
  (f)
In case of payment by cheque, it must be crossed and made payable to “The Government of the Hong Kong Special Administrative Region” or “The Government of the HKSAR”. Bidders who cheques are dishonoured will be liable for the bid price in arrears and other damages or losses suffered by the Government.
     
  (g)
Each successful bidder (“Licensee”) will be required to enter into a licence agreement (“Licence Agreement”) with the Government in the form attached in Annex II. Before signing the Licence Agreement, successful bidders should read the Licence Agreement carefully. Successful bidders should also read the Pleasure Grounds Regulation, Cap. 132 sub. leg. BC at Annex III .
     
  (h)
Notwithstanding any provisions in this Public Notice, the Government reserves the absolute right not to enter into a Licence Agreement with any successful bidder without cause. The Government will not be responsible for any claim, legal proceeding, liability, loss, damage or any cost or expense suffered or incurred by the successful bidder.
     
  (i)
No smoking, recording or photo-taking is allowed at the auction venue.
     
  (j)
No food or drinks is allowed at the auction venue.
     
  (k)
Participants who are sloppily dressed will not be allowed to enter the auction venue.
     
  (l)
Participants should switch off their pagers and mobile phones etc. while the auction is in progress.
     
  (m)
During the auction, no one shall behave in such a manner to cause undue disturbance or disorder, or in any manner whatsoever interfere with the bids of other persons or cause other persons to surrender their bids for a certain stall.  The person who commits such act will be removed and will not be allowed to enter the auction venue again until the conclusion of the auction.  Any one who uses abusive language to the officers on the spot, willfully obstructs or resists the officers concerned in the execution of their duties shall be guilty of an offence and shall be liable to prosecution by the Department.
 
Prevention of Bribery / Collusion
 
6. (a)
Bidders are advised that it is an offence under Sections 7(1) and 7(2) of the Prevention of Bribery Ordinance, Cap. 201 for any person to offer an advantage or to solicit or accept an advantage respectively as an inducement to or reward for refraining from bidding at an auction.
     
  (b)
Bidders must not collude with each other in the bidding or abstention from bidding for the stalls. In making a bid, the bidder represents, warrants and undertakes that he/she has not entered into any prior agreement, arrangement or understanding or otherwise engaged in any conduct which has likely or to have the effect of preventing or hindering competitive bidding. The auctioneer may evict from the auction venue bidders whom the auctioneer has reasonable grounds to suspect or believe are in breach of this condition (“Defaulting Bidders”) or refuse admission of any Defaulting Bidders to the auction venue or otherwise prohibit any Defaulting Bidders from participating in an auction. Each of the Defaulting Bidders must indemnify the Government and the auctioneer from and against all demands, claims, proceedings, liabilities, losses (including pecuniary and financial losses), damages, costs and expenses which the Government or the auctioneer may suffer arising out of or in relation to such breach.
     
  (c)
If the auctioneer suspects that someone is conspiring to refrain from competitive bidding causing everyone to win the bid for their stalls at the upset prices during an open auction, the auctioneer has the right to revoke the acceptance of the highest bid and withdraw all stalls from the auction even if the bid has been accepted.
 
Notice to Bidders
 
7. (a)
Bids which become null and void will immediately be put up for re-auction. Those who are unsuccessful in bidding a particular stall and do not wish to miss the chance of bidding the stall when it is put up for re-auction may stay until the auction ends.
     
  (b) The open auction will be video-taped by this Department for record purpose.
     
  (c)
Auctioneer will announce the bid increment, if necessary, at the beginning of auction. Depending on the progress of the auction, auctioneer has the right to revise the bid increment during the auction.
     
  (d)
The Department will arrange to let out those unbid stalls to public in accordance with established first-come, first-serve procedure.
     
  (e)
By making a bid, the bidder represents that he/she agrees to be bound by the above auction rules, conditions and requirements.
 
Layout and Location Plan of stalls of the Fair
 
8.

Layout and location plan showing the site to be auctioned is at Annex IV for reference. It is on display at Sha Tin District Environmental Hygiene Office of the Food and Environmental Hygiene Department at Level 12, Tower 1, Grand Central Plaza, No.138 Rural Committee Road, Sha Tin, New Territories.

 
Number and Size of Stalls
 
9.

The number and size of stalls provided at the Che Kung Festival Fair are as follows:-

 
Wet Goods Dry Goods
No. of Stalls Stall Area No. of Stalls Stall Area
4 2m x 3m 44 2m x 3m
 
Upset prices
 
10.

The upset prices of the stalls are:-

 
    (i) Wet goods - $ 1,080
(ii) Dry goods - $ 4,520
 
Commodities on Sale at Fair
 
11.
There is restriction on the sale of commodities at Che Kung Festival Fair stalls.  An approved list of commodities on sale at fair is at First Schedule of the Licence Agreement.  The following commodities are strictly prohibited on sale at the Fair -
(a) Pre-cooked Fast Food  
(b) Bread and Cakes  
(c) Instant Snacks prepared on site  
(d) Ice-cream  
(e) Bottled and Non-bottled Drinks  
(f) Fish, Animals and Birds  
(g) Counterfeit Goods  
(h) Dangerous Articles such as Knives and Axes  
(i) Hydrogen-filled balloons  
(j) Bottled foam and bottled aerosol streamers  
(k) Alcoholic drinks, cigarette, cigar and tobacco  
 
12.
Bidders are reminded that Licensees are not allowed to stock, display, provide, offer for sale or sell at the Fair Class II Articles (indecent) or Class III Articles (obscene) under the Control of Obscene and Indecent Articles Ordinance, Cap. 390.
 
Remarks
Under the Control of Obscene and Indecent Articles Ordinance, Cap. 390, obscene and indecent articles mean any material with violent, depraved and repulsive element.  Successful bidders may submit to the Obscene Articles Tribunal (the “Tribunal”) articles concerned for classification purposes.  For enquiries on the relevant procedures, fees and other details, successful bidders may consult the Tribunal at 2886 6807.  For enquiries about the Ordinance, please consult the Office for Film, Newspaper and Article Administration [Email: naa@ofnaa.gov.hk or Tel: 2676 7676].
 
Activities at Fair and Stipulations and Provisions for Use of Fair Stalls
 
13.
Che Kung Festival Fair is a traditional festive activity suitable for all ages of the public to participate.   If the Department considers that any activity conducted by the Licensee to publicize, promote, display, show or sell any article in the venue is unlawful, immoral or incompatible with the object of the Che Kung Festival Fair (i.e. joyful celebration of the Che Kung Festival for all ages), the Department is entitled to direct the Licensee to stop conducting such activity and the Licensee must immediately comply with such direction.
 
14.
The Licensee (whether by himself or through his/her employees or agents) shall comply with all applicable legal requirements and shall not in any way act contrary to or inconsistent with any of the laws in force in Hong Kong (including the Basic Law) when carrying out the business. The Licensee must also obtain all licences, permits and/or authorisation necessary for conducting the Business at the Event.
 
15.
The Licensee(whether by himself or through his/her employees or agents must not conduct any act (including chanting slogans, using language, displaying messages or signs through any medium (such as leaflets, banners, items of clothing, audio, visual or electronic devices), and holding gatherings or activities) in such a manner which, in the opinion of the Government disturb or affect public order or public safety at the Fair venue; cause or lead to a breach of the peace at or in the vicinity of the venue; obstruct the free or smooth movement of visitors, or cause any nuisance to other person; or behave otherwise than in an orderly and decent manner; and except as is necessary for conducting business in the licence area, not to bring any furniture, equipment (including loud hailers, amplifiers and other audio, visual or electronic devices), goods, chattels (including banner stands, ornaments and articles) into the Fair venue.
 
16.
A Licensee must not assign or transfer any rights, benefits or obligations under the Licence Agreement to any person.
 
17.
Licensees must comply with all terms and conditions in the Licence Agreement (including the rules on the use of the Fair venue in the Second Schedule to the Licence Agreement), failing which the Government will be entitled to exercise its rights under the Licence Agreement, including the right to early terminate the agreement.   The Licensee must immediately vacate the stall upon termination of the Licence Agreement.
 
18.
The rules on the use of the Fair venue in the Second Schedule of the Licence Agreement include, among others, the following -
 
  (a) The height of dry goods stalls must not exceed 3 m from ground level;
  (b) Stalls must not be used for gambling, or for any unlawful or immoral purposes;
  (c)
Games are not allowed to be played at the stall whether for gambling purposes or otherwise;
  (d)
Sale of goods by just showing samples / patterns is prohibited. Any goods sold at the fair venue must be immediately delivered to the customers upon their payment for the goods. The Licensee may not request any customer to tender payment at the venue pending subsequent delivery or collection of the goods at other places; and
  (e)
Pure promotion, advertising, membership/customer enrolling activities and any other activities without the sale of tangible commodities are prohibited.
 
19.
Bidders are advised that in accordance with Condition No.23 and 25, Second Schedule of the Licence Agreement, it is necessary to maintain the Licence Area and its surroundings in a clean, tidy and serviceable repair and condition. Special attention should be drawn to keeping the ground surface of the venue in a state of good repair.
     
Electricity supply
     
20.
Illumination facilities will be provided for Che Kung Festival Fair. No artificial lighting other than electrical lighting may be used by Licensees.  Licensees may use batteries to supply electricity for their stalls. Alternatively, they may at their own costs arrange for electrical installation works for temporary supply of electricity to their stalls.  The Department will appoint registered electrical contractors in Che Kung Festival Fair to provide additional illumination facilities and electricity supply.  Licensees may hire the services from the registered electrical contractors appointed by the Department if they need additional illumination facilities or electricity supply.
 
Unsold Flowers and Plants
 
21.
A Licensee must deliver up vacant possession of the licence area in a clean and hygienic condition and remove any fixtures or fittings or removable objects (such as the stall structure and all paraphernalia, together with all refuse, debris and unsold commodities (whether damaged or otherwise)) from the licence area before 10:00 p.m. on 2 March 2018. The Government reserves the right to take over or dispose of without any compensation to any person any fixtures and fittings so installed or erected and any objects not collected or removed by the Licensee.
 
22.

A Licensee must not destroy, damage or abandon any unsold commodities at and in the vicinity of the licence area.

 
23.

Notwithstanding the provision of paragraph 21 above, the Licensee may of his/her own accord surrender to the Department any unsold flowers and plants left behind at the stall and at no charge to the Department, before 10:00 p.m. on 2 March 2018, on the clear understanding that the Department will have absolute discretion in deciding as to whether or not to accept any or all of such flowers and plants and the manner of disposal of those flowers and plants that are accepted by the Department.

 
Public Enquiry
 
24.
Any person who needs clarification on the stall matter or information on auction matter of Che Kung Festival Fair, please call the Hawkers Section of Sha tin District Environmental Hygiene Office of this Department at 2634 0134.
 

Food and Environmental Hygiene Department

8 November 2017

 
Note 1:
In case Tropical Cyclone Warning Signal No. 8 or above or a Rainstorm Black Warning is still hoisted 2 hours before the open auction or is hoisted/expected to be hoisted within 2 hours before the auction, the auction on am or pm session on that day will be cancelled. The date and time of auction will be announced separately.
Note 2:
This Public Notice only contains a brief description of the Licence Agreement for bidders’ reference. Bidders should read the full Licence Agreement (at Annex II) carefully before the auction.
Note 3:
Where there are discrepancies between the English version and the Chinese version of this Public Notice, the English version prevails.
Last revision date: