Date and Time of Open Auction
Open auction for letting out vacant market stalls in New Territories (except Islands district) will be held in January 2018. The relevant schedule is provided below -
|District||Date and Time of open auction||Auction Venue|
|Kwai Tsing / Tsuen Wan / Yuen Long / Tuen Mun||18 December 2017 (Monday)
|Kwai Fong Community Hall, 2 Lai Fong Street, Kwai Chung|
|Tai Po / North District / Sha Tin / Sai Kung||18 December 2017 (Monday)
|Tai Po Community Centre,
2 Heung Sze Wui Street, Tai Po
Details of the Vacant Stalls
- Details of the vacant stalls, including names of market, stall numbers, commodities permitted for sales and monthly upset rents are set out at Annex I (stalls not let on short-term tenancy) and Annex II (stalls let on short-term tenancy).
Determination of Upset Price
- The upset prices are normally set at 100% of the open market rent (OMR). To further improve the business environment of public markets, long standing vacant stalls in public markets had been put up for open auction at reduced upset prices starting from March 2009 with a view to putting them into more effective use. Long standing vacant stalls in public markets will be put up for open auction with upset prices set at 80 per cent or 60 per cent of the OMR. Upset prices will be fixed at 80 per cent of the OMR if the stalls have been vacant for six months and at 60 per cent if the vacant period lasts for eight months or more. The stalls let out through short-term tenancy have normally been left vacant for eight months or more and their upset prices will be fixed at 60 per cent of the OMR.
Terms of Tenancy Agreement and Rent and Deposit
Stalls not let on short-term tenancy
- Successful bidders will enter into a tenancy agreement for a term of 3 years (except otherwise specified) from 1 February 2018 upon payment of the rent and air-conditioning charge (if applicable) for February 2018 as well as a deposit equivalent to two months' stall rental and air-conditioning charge (if applicable).
- Bidders should note that the government will put in place an arrangement to adjust market rental annually to catch up with inflation commencing 1.7.2017. Specifically, those entering into non-short-term tenancy agreement with the government through the open auction of vacant market stalls in the public markets, the rental of these public market stalls will be adjusted annually on the due date for rental adjustment as to be specified in the tenancy agreement, as the case may be, in line with the average of the year-on-year rates of change in Consumer Price Index(A)(CPI(A)) in the 12-month period six months preceding the respective rental adjustment dates.
Stalls let on short-term tenancy
- Successful bidders will enter into a tenancy agreement for a term of 3 months from 1 February 2018 upon payment of the rent and air-conditioning charge (if applicable) for February 2018 as well as a deposit equivalent to one month's stall rental and air-conditioning charge (if applicable).
Maintenance Cost and/or Electricity Charge for the Air-conditioning System
- In case that the maintenance cost and/or electricity charge for the air-conditioning system in connection with the stall increases or decreases during the term of a tenancy, the Department may, by giving the stall tenant not less than one month's notice in writing, inform the stall tenant that the Department will increase or reduce the air-conditioning charge specified in the tenancy. The stall tenant shall start to pay the adjusted air-conditioning charge specified in the notice on the day and in the manner specified therein.
- Any person aged 18 years or above who is ordinarily resident in Hong Kong and interested in bidding for the above market stalls may attend the auction in person at the above time and place. You should bring along your Hong Kong Identity Card and an appropriate amount of cash or a cheque for making payment (made payable to the Government of Hong Kong Special Administrative Region). Successful bidders should surrender their hawker licences, if any, to the Department for cancellation upon signing of the tenancy agreement.
- Stalls not to be let on short-term tenancy will be put up for auction first. Successful bidders are required to sign a tenancy agreement for a term of three years (except otherwise specified). Stalls to be let on short-term tenancy will be auctioned during the second round. Successful bidders are required to sign a tenancy agreement for a term of three months. Stalls let out during the first round will not be put up for auction in the subsequent round for stalls let on short-term tenancy.
Prevention of Bribery
- 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. Anyone who defrauds the Department at an auction by dishonest means is liable to criminal prosecution.
- 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 bidding and withdraw the market stall from the auction even if the bid is accepted.
- A successful bidder shall submit on the spot to the Department a warranty (a sample is at Appendix II) signed by him/her in the presence of the Department officers immediately after he/she has successfully bid the stall, failing which his/her bid will be revoked, and the auctioneer may put up the relevant stall for re-auction at any time or make other decisions.
Additional Installations of the Stall
- There are additional installations (e.g. roller shutter, wire-mesh stall top cover, etc) left behind by the ex-tenants in some of the market stalls. The Government does not guarantee that such installations are fit for use by the incoming tenants or are in good working condition. Subject to the consent of the Government, an incoming tenant may remove such installations at his own expense. He will be responsible for the removal and disposal of the installations (except those allowed to be retained in the stall with Government's permission) upon expiry or termination of the tenancy at his own expense.
- The Department reserves the right to retract any market stall from the auction or change the upset rent without prior notice.
- Bidders may refer to the Auction rules and terms for letting market stalls at Annex III. Plans showing the location of the vacant market stalls offered for bidding will be on display at the District Offices.
- Information on stalls with additional installations and details of such installations can be found in Annex I, Annex II and Annex IV. (if applicable)
- We have newly introduced the "Service Trade Stalls" category in some markets in New Territories for public auction. For information on these stalls, please refer to Annexes I, II and IV. (if applicable)
- By making a bid, the bidder represents that he/she agrees to be bound by the relevant auction rules and conditions.
Interested bidders may visit the relevant market to inspect the vacant stalls offered for bidding before the auction. For details of the vacant stalls or clarification on other matters, please feel free to approach the market office of the respective market or contact the following District Offices for details of the vacant stalls or clarification on auction matters:
Sha Tin District 2634 0134 Sai Kung District 3740 5134 Tsuen Wan District 2212 9784 Kwai Tsing District 2421 1425 Tuen Mun District 2451 3409 Yuen Long District 2920 7626 North District 2679 2893 Tai Po District 3183 9107
Food and Environmental Hygiene Department
In case of Tropical Cyclone Warning signal No. 8 or above or rainstorm black warning is still hoisted 3 hours before the open auction or is hoisted/expected to be hoisted within 3 hours before the auction, the auction on that day will be cancelled. Date, time and venue of the re-scheduled open auction will be announced separately.