Public Notice
Food and Environmental Hygiene Department
Leasing of 2018 Lunar New Year Fair Remaining Stalls
on a First-Come-First-Served Basis

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 (16 February 2018).  A total of 13 wet goods stalls and 47 dry goods stalls have not been let out in open auctions of Lunar New Year held since 6 November 2017. The locations of the fair sites involved are as follows -

(a) Tat Tung Road Garden, Tung Chung
Location Map
(b) Fa Hui Park, Sham Shui Po
Location Map
(c) Morse Park, Wong Tai Sin
Location Map

2. The remaining stalls will be leased at their upset prices on a first-come-first-served basis. Particulars are as follows:-

Date:

8 January 2018 (Monday) to 19 January 2018(Friday)
(except Saturday and Sunday)

Time: 9:30 a.m. - 12:30 p.m. and 2:30 p.m. - 4:30 p.m.

Let-Out Location Lunar New Year Fair Stalls
District Environmental Hygiene Office (Islands), Food and Environmental Hygiene Department

25/F, Harbour Building, 38 Pier Road Central, Hong Kong
位置圖

Enquiry: 2852 4549
(a) Tat Tung Road Garden, Tung Chung

Dry Goods Stalls (25 nos.):-
10, 11, 12, 18, 19, 22, 23, 24, 25, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41and 42


(please see stall location at Annex I)

(please refer to item (b) in the remarks below)
Hawkers and Markets Section (Kowloon), Food and Environmental Hygiene Department

Room 202, 2/F, No. 148, Sai Yee Street, Mong Kok, Kowloon (location plan)
位置圖

Enquiry: 2309 2086
(b) Fa Hui Park, Sham Shui Po

Dry Goods Stalls (8 nos.):-
70, 71, 75, 77, 80, 81, 82 and 83

Wet Goods Stalls (11 nos.):-
158, 159, 160, 170, 171, 172, 176, 177, 178, 179 and 180

(please see stall location plan at Annex II)

(c) Morse Park, Wong Tai Sin

Dry Goods Stalls (14 nos.):-
99, 101, 105, 106, 112, 113, 117, 118, 122, 123, 124, 125, 129 and 130

Wet Goods Stalls (2 nos.):-
67 and 68

(please see stall location plan at Annex III)

Remarks
(a)
Please consult the relevant let-out offices for updated numbers and locations  of remaining stalls.
(b)
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.

Conditions and Requirements for Letting of Stalls

3. (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 selection of remaining stalls.
  (b)
Any person who meets the requirement of item 3(a) above can only select one stall at a time.
  (c)
A stall will be allocated on a “first-come-first-served” basis. Applicants should queue up at the specified queue-up point and their priority of stall selection will be determined by their position in the queue. The Department reserves the right to withdraw any stall from letting before it is selected by an applicant.
  (d) Any person who has engaged in or committed any of the following acts will not be allowed to participate in selection of  stalls:- –
   
(i)
using dishonoured cheques or failing to pay the sum required immediately after the successful bidding at any  auction organized by the Government or selection of a stall at first-come-first-served arrangements; 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 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 causing 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 shall not exceed 3 m from ground level; or
(8)
the licensee of fast food stalls not use “open fire” or fuel (other than electricity) for heating of food items.
  (e)
A selection by a person who is prohibited from participating will become null and void irrespective whether the selection has been accepted or not.
  (f)
Immediately after selection of the stall, the successful applicant 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 the upset price of the selected stall in cash or by cheque (post-dated cheque will not be accepted). If the successful applicant fails to pay the sum required immediately, he/she will have to forefeit his/her right to the stall and the stall will be put up for selection by other person straight away.
  (g)
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”. Applicants who cheques are dishonoured will be liable for the required sum in arrears and other damages or losses suffered by the Government.
  (h)
Successful applicants will be required to enter into licence agreements (“Licence Agreement”) with the Government in the form attached in Annex IV. Before signing the Licence Agreement, successful applicants should read Licence Agreement carefully. Successful applicants should also read the Pleasure Grounds Regulation, Cap. 132 sub. leg. BC at Annex V .
  (i)
Notwithstanding any provisions in this Public Notice, the Government reserves the absolute right not to enter into a Licence Agreement with any successful applicant 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 applicant.
  (j)
No smoking, recording or photo-taking is allowed at the selection venue.
  (k)
No food or drinks is allowed at the selection venue.
  (l)
Participants who are sloppily dressed will not be allowed to enter the selection venue.
  (m)
During the selection, no one shall behave in such a manner to cause undue disturbance or disorder, or in any manner whatsoever interfere with the selections of other persons or cause other persons to surrender their selections for a certain stall.  The person who commits such act will be removed and will not be allowed to enter the selection venue again until the conclusion of the selection.  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.
  (n)
By making a selection, the applicant represents that he/she agrees to be bound by the above selection rules, conditions and requirements.

Number and Size of Stalls

4. The number and size of the remaining stalls concerned are as follows:-

Lunar New Year Fair Wet Goods Stalls Dry Goods Stalls
Number Size Number Size
(a) Tat Tung Road Garden Not applicable Not applicable 22 2.4m x 2m
3 3.2m x 1.5m
(b) Fa Hui Park 11 3m x 3m 8 3m x 1.5m
(c) Morse Park 2 3m x 3m 14 3m x 1.5m

Upset prices

5. The upset prices of the remaining stalls concerned are as follows:-

Lunar New Year Fair Wet Goods Stalls Dry Goods Stalls
(a) Tat Tung Road Garden Not applicable $730
(b) Fa Hui Park $5,770 $12,720
(c) Morse Park $2,450 $2,240

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

6. All the fair venues will be opened to the Licensees 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)

7. 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 applicant on a pro-rata basis without interest.

Commodities on Sale at Fairs

8. 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.  Applicants 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) 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
* Applicants 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.

9. Applicants 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 applicants 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 applicants 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

10. 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.
   
11. 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.
   
12. 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.
   
13. A Licensee must not assign or transfer any rights, benefits or obligations under the Licence Agreement to any person.
   
14. 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.
   
15. 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.
     
16. Applicants (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.
     
17. Applicants 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.

Electricity Supply

18. 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 leasing) 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.

Unsold Flowers and Plants

19. 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. 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.

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

21. Notwithstanding the provision of paragraph 19 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. 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

22. Any person who needs clarification on the remaining stall matter or information on stall selection matter may call the following telephone number of respective Hawkers and Markets Sections of the Department-
  (a) For Tat Tung Road Garden - 2852 4549
  (b) For the fair sites in Kowloon - 2309 2086

Food and Environmental Hygiene Department

2 January 2018

Note 1:
In case Tropical Cyclone Warning Signal No. 8 or above or a Rainstorm Black Warning is still hoisted 2 hours before the leasing remaining stalls or is hoisted/expected to be hoisted within 2 hours before the leasing, the leasing on am or pm session on that day will be cancelled and postponed to the next pm session or am of the next working day at the time and place specified on paragraph 2 above.
Note 2:
This Public Notice only contains a brief description of the Licence Agreement for applicants’ reference. Applicants should read the full Licence Agreement (at Annex IV) carefully before the selection.
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: