Public Notice
Food and Environmental Hygiene Department
Auction of 2018 Lunar New Year Fair Stalls

Lunar New Year Fair Venues and Fair Period

The 2018 Lunar New Year Fairs will be held for seven days from 10 February 2018 to the early morning of the 2018 Lunar New Year Day (i.e. 16 February 2018) at the following locations -

(a)

Victoria Park, Causeway Bay
Location Map
(Note : Special Arrangement on Loading / Unloading at Annex I)

(b) Tat Tung Road Garden, Tung Chung
Location Map
(c) Fa Hui Park, Sham Shui Po
Location Map
(d) Cheung Sha Wan Playground, Sham Shui Po
Location Map
(e) Morse Park, Wong Tai Sin
Location Map
(f) Kwun Tong Recreation Ground, Kwun Tong
Location Map
(g) Kwai Chung Sports Ground, Kwai Tsing
Location Map
(h) Sha Tsui Road Playground, Tsuen Wan
Location Map
(i) Tin Hau Temple Plaza, Tuen Mun
Location Map
(j) Tung Tau Industrial Area Playground, Yuen Long
Location Map
(k) Shek Wu Hui Playground, North District
Location Map
(l) Tin Hau Temple Fung Shui Square, Tai Po
Location Map
(m) Yuen Wo Playground, Sha Tin
Location Map
(n) Man Yee Playground, Sai Kung
Location Map
(o) Po Hong Park, Tseung Kwan O
Location Map

Duration for Setting up of Stalls (not open to public)

2. All the fair venues will be opened to the successful bidders for setting up of stalls for 3 days from 7 February 2018 to 9 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 7 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.

Thematic Stalls in Victoria Park

4. To spice up the festive atmosphere at Lunar New Year Fair, eight additional groups of thematic stalls (groups of two dry goods stalls) intended for Lunar New Year food, Spring couplets (Fai Chun), Lunar New Year pictures, goods and decorations (excluding inflated/stuffed toys or balloons) will be put up for auction for Victoria Park Lunar New Year Fair this year.  The auction of these eight groups of thematic stalls will take place at the first session in the morning of 7 November 2017.  Any group of thematic stalls remain unbid will be split into two individual dry goods stalls and put up for auction with other dry goods stalls in sequence in the subsequent auction sessions.  The numbers of the thematic stalls are as follows -

Group 1 : Stall numbers 89 and 90
Group 2 : Stall numbers 91 and 92
Group 3 : Stall numbers 149 and 150
Group 4 : Stall numbers 151 and 152
Group 5 : Stall numbers 209 and 210
Group 6 : Stall numbers 211 and 212
Group 7 : Stall numbers 269 and 270
Group 8 : Stall numbers 271 and 272

(For sizes and upset prices of each group of thematic stalls, please refer to paragraphs 11 and 12.)

Date, Time and Place of Auction

5. The auction of stalls in the fair venues in Hong Kong, Islands and Kowloon will take place on the dates, times and places specified below -

Date

Time

Place

Stalls for auction

Monday
6 November 2017

9:00 a.m.-12:30 p.m.

Queen Elizabeth Stadium
(18, Oi Kwan Road, Wan Chai, Hong Kong)
位置圖

Fast food stalls and wet goods stalls at Victoria Park, Causeway Bay

2:00 p.m.-
until completion

-ditto-

Wet goods stalls at Victoria Park, Causeway Bay

Tuesday
7 November 2017

9:00 a.m.-
12:30 p.m.

-ditto-

Thematic stalls and dry goods stalls (stall no. 1 to 144) at Victoria Park, Causeway Bay

2:00 p.m.-
until completion

-ditto-

Wednesday
8 November 2017

9:00 a.m.-
12:30 p.m.

-ditto-

Dry goods stalls  (stall no. 145 to 300) at Victoria Park, Causeway Bay

2:00 p.m.-
until completion

-ditto-

Friday
10 November 2017

9:30 a.m.
until completion

Room 1413 & 1414 Harbour Building, 38,Pier road, Central (Location plan of auction place)
位置圖

Wet goods and dry goods stalls at Tat Tung Road Garden, Tung Chung

Tuesday
14 November 2017

9:00 a.m.-
12:30 p.m.

Assembly Hall in Lai Chi Kok Government Offices
(19 Lai Wan Road, Lai Chi Kok, Kowloon)

位置圖

Wet goods stalls at Fa Hui Park,
Sham Shui Po

2:00 p.m.-
until completion

-ditto-

Fast food stalls and dry goods stalls at Fa Hui Park,
Sham Shui Po

Wednesday
15 November 2017

9:00 a.m.-
12:30 p.m.

-ditto-

Wet goods stalls at
Morse Park,
Wong Tai Sin

2:00 p.m.-
until completion

-ditto-

Fast food stall and dry goods stalls at
Morse Park,
Wong Tai Sin

Thursday
16 November 2017

9:00 a.m.-
12:30 p.m.

-ditto-

Wet goods stalls at Kwun Tong Recreation Ground, Kwun Tong

2:00 p.m.-
until completion

-ditto-

Fast food stalls and dry goods stalls at Kwun Tong Recreation Ground, Kwun Tong

Friday
17 November 2017

 

9:00 a.m.-
12:30 p.m.

-ditto-

Wet goods stalls at Cheung Sha Wan Playground,
Sham Shui Po

2:00 p.m.-
until completion

-ditto-

Fast food stall and dry goods stalls at Cheung Sha Wan Playground,
Sham Shui Po

Remarks
(a) Bidders should arrive at auction venues 15 minutes before auction time.
(b)

Bidders for the auction should note that some of the Fair venues have more number of stalls. According to the progress of the auction,if necessary, auctioneer may assign and announce other auction dates and times for the remaining stalls.

6. The auction of stalls in the fair venues in New Territories will take place on the dates, times and places specified below -

Date

Time

Place

Stalls for auction

Monday
20 November 2017

9:30 a.m.
until completion

Assembly Hall in Lai Chi Kok Government Offices
(19 Lai Wan Road, Lai Chi Kok, Kowloon)
位置圖

Dry goods stalls and wet goods stalls at
Kwai Chung Sports Ground, Kwai Tsing

Tuesday
21 November 2017

9:30 a.m.
until completion

Wo Che Community Hall, Sha Tin
(Wo Che Estate, Sha Tin)
位置圖

Dry goods stalls and wet goods stalls at
Yuen Wo Playground,
Sha Tin

Thursday
23 November 2017

9:30 a.m.
until completion

Tin Fai Road Community Hall
(Tin Fai Road, Tin Shui Wai))
位置圖

Dry goods stalls, wet goods stalls and fast food stalls at Tung Tau Industrial Area Playground,
Yuen Long

Friday
24 November 2017

9:30 a.m.
until completion

Luen Wo Hui Community Hall,
Fanling
(No.9 Wo Mun Street, Fanling) 位置圖

Dry goods stalls and wet goods stalls at
Shek Wu Hui Playground,
North District

Monday
27 November 2017

9:30 a.m.
until completion

Tseng Choi Street Community Hall, Tuen Mun
(27 Tseng Choi Street, Tuen Mun)
位置圖

Dry goods stalls, wet goods stalls and fast food stall at Tin Hau Temple Plaza, Tuen Mun

Tuesday
28 November 2017

9:30 a.m.
until completion

Tai Po Community Centre
(2, Heung Sze Wui Street, Tai Po)
位置圖

 

Dry goods stalls, wet goods stalls and fast food stall at Tin Hau Temple Fung Shui Square, Tai Po

Thursday
30 November 2017

9:30 a.m.
until completion

Hang Hau Community Hall
(38 Pui Shing Road, Tseung Kwan O)
位置圖

 

(1) Dry goods stalls and wet goods stalls at Man Yee Playground,
Sai Kung and
(2) Dry goods stalls, wet goods stalls and fast food stalls at Po Hong Park, Tseung Kwan O;

Friday
1 December 2017

9:30 a.m.
until completion

Assembly Hall in Lai Chi Kok Government Offices
(19 Lai Wan Road, Lai Chi Kok, Kowloon)位置圖

 

Dry goods stalls and wet goods stalls at
Sha Tsui Road Playground,
Tsuen Wan

Remarks
(a) Bidders should arrive at the auction venues 15 minutes before auction time.
(b) The auctioneer may, according to the progress of the auction, suspend the auction and arrange one-hour lunch break at suitable time.

Auction Conditions and Requirements

7. (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) 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 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 Lunar New Year 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 Lunar New Year 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 Lunar New Year Fair and may become a nuisance to other persons;
(7)
the height of dry goods stalls and fast food stalls not to exceed 3 m from ground level; or
(8)
the licensee of fast food stalls not to use “open fire” or fuel (other than electricity) for heating of food items.
  (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 (except the bidders for Tin Hau Temple Plaza, Tuen Mun) 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

8. (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

9. (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 Plans of stalls of the Fairs

10. Layout and location plans showing the stalls of the Fairs to be auctioned are on display at -
  (a)
Hawkers and Markets Section (Hong Kong & Islands), Food and Environmental Hygiene Department at 8/F, Lockhart Road Complex, 225, Hennessy Road, Wan Chai, Hong Kong.
  (b)
Hawkers and Markets Section (Kowloon), Food and Environmental Hygiene Department at 2/F, 148, Sai Yee Street, Mongkok, Kowloon.
  (c) All District Offices (Environmental Hygiene) of the Food and Environmental Hygiene Department.
  (d) All Public Enquiry Service Centres at District Offices of the Home Affairs Department.

Number and Size of Stalls

11. (a)

The number and size of thematic stalls provided at the Lunar New Year Fair venue in Victoria Park are as follows -:

Venues

Thematic Stalls

 

Number

 

Size

Victoria Park, Causeway Bay

8 groups

6m x 1.5m

  (b)

The number and size of wet goods and dry goods stalls provided at the Lunar New Year Fair venues in Hong Kong, Islands and Kowloon are as follows -

Venues

Wet Goods Stalls

Dry Goods Stalls

 

Number

 

Size

 

Number

 

Size

Victoria Park, Causeway Bay

180

3m x 3m

284

3m x 1.5m

Tat Tung Road Garden, Tung Chung

8

3m x 3m

25

2.4m x 2m

9

3.2m x 1.5m

Fa Hui Park,
Sham Shui Po

96

3m x 3m

84

3m x 1.5m

Cheung Sha Wan Playground,
Sham Shui Po

66

3m x 3m

48

3m x 1.5m

Morse Park,
Wong Tai Sin

68

3m x 3m

68

3m x 1.5m

Kwun Tong Recreation Ground, Kwun Tong

84

3m x 3m

43

3m x 1.5m

  (c)

The number and size of fast food stalls provided at the Lunar New Year Fair venues in Hong Kong and Kowloon are as follows -

Venues

Fast Food Stalls

 

Number

 

Size

Victoria Park,
Causeway Bay

1

7.6m x 4.8m

2

5m x 4m

Fa Hui Park,
Sham Shui Po

2

7.6m x 4.8m

2

5m x 3m

Cheung Sha Wan Playground,
Sham Shui Po

1

7.6m x 4.8m

Morse Park,
Wong Tai Sin

1

7.6m x 4.8m

Kwun Tong Recreation Ground, Kwun Tong

2

7.6m x 4.8m

  (d)

The number and size of stalls provided at the Lunar New Year Fair venues in the New Territories are as follows -

Venues

Wet Goods

Dry Goods

Number

Size

Number

Size

Kwai Chung Sports Ground,
Kwai Tsing

91

3m × 4.5m

28

3m × 4.5m

Sha Tsui Road Playground,
Tsuen Wan

154

3m × 4.6m

28

3m × 4.6m

Tin Hau Temple Plaza, Tuen Mun

63

3m × 4m

28

3m × 3m

Tung Tau Industrial Area Playground, Yuen Long

98

3m × 4m

74

3m × 4m

Shek Wu Hui Playground,
North District

73

3m × 3m

21

3m × 3m

Tin Hau Temple Fung Shui Square, Tai Po

44

3m × 3m

31

3m × 3m

Yuen Wo Playground, Sha Tin

64

3m × 3m

32

3m × 3m

Man Yee Playground, Sai Kung

20

3m x 3m

6

2.4m × 1.8m

Po Hong Park, Tseung Kwan O

45

3m × 3m

45

3m × 3m

  (e)

The number and size of fast food stalls provided at the Lunar New Year Fair venues in the New Territories are as follows:-

Venues

Fast Food Stalls

 

Number

 

Size

Tin Hau Temple Plaza, Tuen Mun

1

7.6m x 4.8m

Tung Tau Industrial Area Playground, Yuen Long

2

5m x 4m

Tin Hau Temple Fung Shui Square,
Tai Po

1

5m x 4 m

Po Hong Park, Tseung Kwan O

2

5m x 4m

Upset Prices

12. The upset prices of the stalls are:-
  (a) Victoria Park, Causeway Bay
    (i) Wet goods $10,650  
    (ii) Dry goods $13,920  
    (iii) Fast food $366,780 (7.6m x 4.8m)
        $196,460 (5m x 4m)
    (iv) Thematic $40,750 (6m x1.5m)
  (b) Tat Tung Road Garden, Tung Chung
    (i) Wet goods $620  
    (ii) Dry goods $730 (2.4m x 2m)
          (3.2m x 1.5m)
  (c) Fa Hui Park, Sham Shui Po
    (i) Wet goods $5,770  
    (ii) Dry goods $12,720  
    (iii) Fast food $65,990 (7.6m x 4.8m)
        $28,510 (5m x 3m)
  (d) Cheung Sha Wan Playground, Sham Shui Po
    (i) Wet goods $810  
    (ii) Dry goods $900  
    (iii) Fast food $7,450 (7.6m x 4.8m)
  (e) Morse Park, Wong Tai Sin
    (i) Wet goods $2,450  
    (ii) Dry goods $2,240  
    (iii) Fast food $16,310 (7.6m x 4.8m)
  (f) Kwun Tong Recreation Ground, Kwun Tong
    (i) Wet goods $3,560  
    (ii) Dry goods $3,470  
    (iii) Fast food $9,880 (7.6m x 4.8m)
  (g) Kwai Chung Sports Ground, Kwai Tsing
    (i) Wet goods $800  
    (ii) Dry goods $3,670  
  (h) Sha Tsui Road Playground, Tsuen Wan
    (i) Wet goods $2,890  
    (ii) Dry goods $13,840  
  (i) Tin Hau Temple Plaza, Tuen Mun
    (i) Wet goods $2,440  
    (ii) Dry goods $3,490  
    (iii) Fast food $8,930 (7.6m x 4.8m)
  (j) Tung Tau Industrial Area Playground, Yuen Long
    (i) Wet goods $1,140  
    (ii) Dry goods $2,200  
    (iii) Fast food $8,930 (5m x 4m)
  (k) Shek Wu Hui Playground, North District
    (i) Wet goods $1,160  
    (ii) Dry goods $2,500  
  (l) Tin Hau Temple Fung Shui Square, Tai Po
    (i) Wet goods $3,710  
    (ii) Dry goods $2,360  
    (iii) Fast food $8,930 (5m x 4m)
  (m) Yuen Wo Playground, Sha Tin
    (i) Wet goods $5,840  
    (ii) Dry goods $7,450  
  (n) Man Yee Playground, Sai Kung
    (i) Wet goods $620  
    (ii) Dry goods $730  
  (o) Po Hong Park, Tseung Kwan O
    (i) Wet goods $1,360  
    (ii) Dry goods $2,500  
    (iii) Fast food $7,450 (5m x 4m)

Commodities on Sale at Fairs

13. There is restriction on the sale of commodities at Lunar New Year Fair stalls.  An approved list of commodities on sale at fairs is at First Schedule of the Licence Agreement.  Bidders are reminded that Aquarium Fish is deleted from permitted commodities at First Schedule. The following commodities are strictly prohibited on sale at the Fairs -

(a) Pre-cooked Fast Food )
(b) Bread and Cakes )
(c) Instant Snacks prepared on site )- except at the fast food stalls
(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  

Remarks
* Bidders are reminded that, owing to close proximity of the Lunar New Year Fair at Tat Tung Road Garden in Tung Chung to the Hong Kong International Airport, NO hydrogen-filled balloons or balloons / gas filling articles that inflated with helium gas / other gases alike in nature (including their mixtures) which would enable the inflated balloon or article to fly or float in the open air, could be sold in the stalls in the Lunar New Year Fair at Tat Tung Road Garden so as to prevent them from endangering aviation safety.

14. 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 Fairs and Use of Fair Stalls

15.
Lunar New Year 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 Lunar New Year Fair (i.e. joyful celebration of the Lunar New Year 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.
   
16.
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.
   
17.
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.
     
18.

A Licensee must not assign or transfer any rights, benefits or obligations under the Licence Agreement to any person.

     
19.
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.
     
20.
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 and fast food 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.
     
21.
Bidders (especially those who intend to use cylinders containing helium gas at the stall) are advised that in accordance with Clause 33 of Second Schedule of the Licence Agreement, Licensee of non-designated stalls must not keep, store or use helium cylinder (regardless of the quantity of which is such that a licence is not required pursuant to Regulation 74 of the Dangerous Goods (General) Regulations, Cap. 295B) in the licence area. Whereas Licensees of the designated stalls may keep, store or use helium cylinder (the quantity of helium is such that a licence is not required pursuant to Regulation 74 of the Dangerous Goods (General) Regulation, which is one cylinder of helium in the licence area.
     
22.
Bidders are advised that in accordance with Condition No.24 and 26, 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.

Sale of Pre-cooked Fast Food

23. Bidders for fast food stalls are advised that –
  (a)
The sale of pre-cooked fast food, bottled and non-bottled drinks, ice-cream and instant snacks is only allowed at the fast food stalls. Such activities require a Temporary Food Factory Licence issued by the Department on compliance with the requisite health requirements.
  (b)
Scullery and washing of utensils are not allowed in or in the vicinity of the licence area and food preparation are not allowed in the vicinity of the licence area in accordance with Clause  23(b) of the Second Schedule of the Licence Agreement.

Electricity Supply

24. Illumination facilities will be provided for all Lunar New Year Fairs. 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 some of the Lunar New Year Fairs (announcement about these Lunar New Year Fairs will be made during the auction) 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.  For venues where no registered electrical contractor is appointed by the Department, Licensees who need additional illumination facilities or electricity supply may appoint a registered electrical contractor to arrange for electrical installation works for temporary supply of electricity from the power company.

25. The maximum electric current that fast food stalls in Lunar New Year Fairs can draw is as follows -

Name of Lunar New Year Fair

Fast Food Stall Particulars

Maximum Electric Current

Victoria Park

Fast food stall with area of 7.6m x 4.8m

80 Amp, 3-phase

Fast food stalls with area of 5m x 4m

Fa Hui Park

Fast food stalls with area of 7.6m x 4.8m

60 Amp, 3-phase

Fast food stalls with area of 5m x 3m

Cheung Sha Wan Playground

The only fast food stall

40 Amp, 3-phase

Morse Park

The only fast food stall

40 Amp, 3-phase

Kwun Tong Recreation Ground

All fast food stalls

40 Amp, 3-phase

Tung Tau Industrial Area Playground

All fast food stalls

40 Amp, 3-phase

Tin Hau Temple Fung Shui Square, Tai Po

The only fast food stall

40 Amp, 3-phase

Po Hong Park

All fast food stalls

30 Amp, 3-phase

Tin Hau Temple Plaza, Tuen Mun

The only fast food stall

40 Amp, 3-phase

Unsold Flowers and Plants

26. 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 7:00 a.m. (or before 9:00 a.m. for Victoria Park) on 16 February 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.

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

28. Notwithstanding the provision of paragraph 26 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 7:00 a.m. (before 9:00 a.m. for Victoria Park) on 16 February 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

29. Any person who needs clarification on the stall matter or information on auction matter may call the following telephone number of respective Hawkers and Markets Sections of the Department-
  (a) For Victoria Park and Tat Tung Road Garden New Year Fairs -
2879 5706
  (b) For the fair sites in Kowloon - 2309 2086
  (c) For the fair sites in New Territories - 2867 5652

30. For inquiry about the application procedures and licensing requirements/conditions of a temporary food factory licence for fast food stalls, please contact the Assistant Secretary (Other Licences) at the following telephone number of respective Licensing Offices of the Department -
  (a) For fast food stalls in Victoria Park - 2879 5720
  (b) For fast food stalls in Kowloon - 2729 1298
  (c) For fast food stalls in New Territories - 3183 9225

Food and Environmental Hygiene Department

2 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.
 
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