Tai Po Lam Tsuen Fong Ma Po New Year Fair Venue and Fair Period

The 2023 Tai Po Lam Tsuen Fong Ma Po New Year Fair will last for fifteen days, from 22 January 2023 to 5 February 2023 (both dates inclusive). The fair will end at 6 p.m. on 5 February 2023.

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

  1. Fong Ma Po New Year Fair venue will be opened to the successful bidders (i.e. Licensees as defined in paragraph 8(g) below) for setting up of stalls for 3 days from 19 January 2023 (“commencement date”) to 21 January 2023. The Government reserves the right to postpone the commencement date at any time without cause by giving an oral (by way of press release, public announcement or other similar communications) or written notice to the Licensees.

Special Note (Government's right to suspend/cancel the New Year Fair)

  1. The Government will implement a series of infection prevention and control measures at the New Year Fair. In response to the COVID-19 epidemic situation, the Government may adjust the measures. The Government may also adjust the scale and business hours of the New Year Fair, tighten up the admission requirement of the public or even cancel the New Year Fair.  Interested parties should fully consider these factors before participating in the auction.
  2. The Government reserves the right to suspend or cancel the New Year Fair in whole or in part at any time without cause by giving an oral (by way of press release, public announcement or other similar communications) or written notice to the Licensees.
  3. Where the New Year Fair are cancelled before the commencement date, the bidding price (i.e. licence fee) will be refunded to the Licensees concerned without interest. Where the duration of the licence period is shortened due to postponement of the commencement date or suspension or cancellation under paragraph 3 or 4 above of the New Year Fair, the licence fee will be refunded to the Licensees concerned without interest on a pro rata basis based on the formulas set out in the Licence Agreement.

Date, Time and Place of Auction

  1. The auction of Fong Ma Po New Year Fair will take place on the dates, times and places specified below -

    Date Time Place Stalls for auction
    2 December 2022 (Friday) 9:30 a.m.－until completion.

    Assembly Hall in Wan Tau Tong Neighbourhood Community Centre

    (G/F Wan Tau Tong Neighbourhood Community Centre, No. 10 Hiu Wan Road, Wan Tau Tong, Tai Po)
     Location map

    		 Dry goods stalls
Remarks
  1. Bidders should arrive at auction venue 15 minutes before auction time.
  2. 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.

Notes for Persons Entering the Auction Venues

7.
  1. As the auction venues have limited capacity, limited seats are available on a first-come, first-served basis.
  2. Persons entering the auction venues are required to comply with the measures for the prevention of COVID-19 to be implemented at the auction venues.  The measures may include but not limited to the following:-
    1. Persons with fever or acute respiratory symptoms or sudden loss of taste / smell and those with higher risk of developing severe illness from COVID-19 are advised not to enter the auction venues.
    2. All persons must conduct body temperature screening before entering an auction venue. Persons with fever are not allowed to enter the venue and should seek medical advice promptly.
    3. Except for exempted persons, all persons are required to scan the "LeaveHomeSafe" venue QR code using the “LeaveHomeSafe” mobile application on their phones before entering an auction venue. Exempted persons are required to complete a record form to register their names, the first four digits or letters of their identification documents, their contact numbers and the date and time of their visits. They are also required to present relevant identification documents for verification by the on-site staff.
    4. All persons entering the auction venues are required to comply with the vaccination requirements under the Vaccine Pass. Persons who are holding a Red Code and Amber Code of the Vaccine Pass are not allowed to enter the auction venues.
    5. Participants are required to observe hand hygiene. Participants may use the hand sanitizers provided at the entrance and inside an auction venue.
    6. Participants must put on masks at all times while inside an auction venue.
    7. Eating and drinking are not allowed inside an auction venue.
    8. Participants are advised to keep social distancing with one another as far as possible at an auction venue.
    9. Participants are advised to avoid activities which can generate aerosol such as shouting, chanting and singing along.

Auction Conditions and Requirements

8.
    1. Any person who is at least 18 years of age, and 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.
    2. 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.
    3. Any person who has engaged in or committed any of the following acts will not be allowed to bid in the auction:-
      1. using dishonoured cheques or failing to pay any sum required immediately after the successful bidding at any auction organized by the Government; or
      2. mutilating, destroying, damaging or abandoning unsold commodities (including flowers and plants) at and in the vicinity of stalls during or after conclusion of the previous Lunar New Year Fairs, Che Kung Festival Fair and Tai Po Lam Tsuen Fong Ma Po Fair; or
      3. providing false information on his/her business name or address; or
      4. breaching any one of the following clauses stipulated in the licence agreement in respect of the previous Lunar New Year Fairs which requires the licensee -
        1. not to assign, sublet, transfer or otherwise part with any of the rights, 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 stock, display, provide, offer for sale or sell at the fair venue any (a) animals and birds; (b) alcoholic drinks; (c) counterfeit goods; or (d) Class II Articles (indecent) or Class III Articles (obscene) under the Control of Obscene and Indecent Articles Ordinance (Cap. 390);
        4. to comply with the directive of the Government to stop conducting any activity to publicize, promote, display, show or sell any article in the venue which the Government considers to be unlawful, immoral or incompatible with the object of the Lunar New Year Fair (i.e. a joyful celebration of the Lunar New Year for all ages);
        5. not to display or sell any commodities other than those specified in the First Schedule of the licence agreement without the Department's prior permission in writing;
        6. to ensure that the height of dry goods stalls and fast food stalls not to exceed 3 m from ground level;
        7. to have obtained a temporary food factory licence from the Department and not to use gas or other fuel (other than electricity) for heating/warming of food/drink items (applicable to fast food stalls);
        8. to comply with certain requirements regarding the keeping, storage and usage of helium cylinders in the licence area; or
        9. not to (whether by himself/herself or through his/her employees or agents) (a) 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, might disturb or affect public order or public safety at a Fair Venue; cause or lead to a breach of the peace at or in the vicinity of a Fair Venue; obstruct the free or smooth movement of visitors or otherwise increase the Government's difficulty in managing the crowds in a Fair Venue; cause any nuisance, damage, disturbance, annoyance, inconvenience or interference to a Fair Venue or to any persons at a Fair Venue; or be offensive, insulting or abusive to any persons at a Fair Venue; (b) behave otherwise than in an orderly and decent manner; or (c) bring any furniture, equipment (including loud hailers, amplifiers and other audio, visual or electronic devices), goods, chattels (including banner stands, ornaments and articles) into a Fair Venue except as is necessary for conducting business in the licence area.
    4. A bid by a person who is prohibited from bidding in this auction will become null and void irrespective whether it was then accepted as successful bid or not.
    5. 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 forfeit his/her right to the stall and the stall will be put up for re-auction immediately. The 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.
    6. 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 whose cheques are dishonoured will be liable for the bid price in arrears and other damages or losses suffered by the Government.
    7. 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.
    8. 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.

    9. No smoking, recording or photo-taking is allowed at the auction venue.

    10. No food or drinks is allowed at the auction venue.

    11. Participants who are improperly dressed will not be allowed to enter the auction venue.

    12. Participants should switch off their pagers, mobile phones and any other electronic devices while the auction is in progress.

    13. During the auction, no one shall behave in such a manner that causes or is likely to cause undue disturbance or disorder, or in any manner whatsoever which interferes with or is likely to 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 may be liable to prosecution.

Prevention of Bribery / Collusion

9.
    1. 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.
    2. Bid rigging is anti-competitive in nature and is a serious anti-competitive conduct under the Competition Ordinance (Cap. 619). 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 or is likely 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. If the bid of a Defaulting Bidder has been accepted, the auctioneer has the right to revoke its acceptance. 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.
    3. 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.
    4. The Government may at its discretion report any suspected bid-rigging or other incidents of anti-competitive practices to the Competition Commission of Hong Kong and provide the Commission with any relevant information including information on the bids and personal data of the persons involved.

Notice to Bidders

10.
    1. 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.
    2. The open auction will be video-taped by this Department for record purpose.
    3. The auctioneer will announce the bid increment, if necessary, at the beginning of auction. Depending on the progress of the auction, the auctioneer has the right to revise the bid increment during the auction.
    4. The Department may consider to arrange to let out those unbid stalls to the public on a first-come, first-serve basis.
    5. 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 Fair

  1. The layout plan (Annex III) is indicative only and subject to change in response to the COVID-19 epidemic situation. It is also displayed Tai Po District Environmental Hygiene Office of the Food and Environmental Hygiene Department at 3/F, Tai Po Complex, 8 Heung Sze Wui Street, Tai Po, New Territories.

Number and size of stalls

  1. The number and size of dry goods stalls provided at the Fong Ma Po New Year Fair are as follows -

    Venues Dry Goods
    Number Size
    Tai Po Lam Tsuen Fong Ma Po 10 2m × 2m

Upset prices

  1. The upset prices of the stalls are:-

    1. Dry goods - $ 650

Commodities on Sale at Fairs

  1. There is restriction on the sale of commodities at Fong Ma Po New Year 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 -

    1. Pre-cooked Fast Food
    2. Bread and Cakes
    3. Instant Snacks prepared on site
    4. Ice-cream
    5. Bottled and Non-bottled Drinks
    6. Fish, Animals and Birds
    7. Counterfeit Goods
    8. Dangerous Articles such as Knives and Axes
    9. Hydrogen-filled balloons and floatable LED glowing balloons
    10. Bottled foam and bottled aerosol streamers
    11. Alcoholic drinks, cigarette, cigar and tobacco
  2. A Licensee may only use his/her stall and must ensure that his/her stall will be used solely for the purpose of conducting the business of selling and promoting the sale of the Permitted Commodities at the New Year Fair on the Licensee's own account. A Licensee is prohibited from using his/her stalls for conducting any other activities.

Activities at New Year Fair and Use of Fair Stalls

  1. Tai Po Lam Tsuen Fong Ma Po 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 a Licensee to publicize, promote, display, show, sell or gift any Permitted Commodities in the venue is unlawful (including breach of any laws or regulations of Hong Kong including the Laws of the People's Republic of China on Safeguarding the National Security in the Hong Kong Special Administrative Region (“National Security Law”)), immoral or incompatible with the object of the Fong Ma Po New Year Fair (i.e. joyful celebration of the Fong Ma Po New Year Fair 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.
  2. A Licensee (whether by himself/herself or through his/her employees or agents) -  (a) must comply with all applicable legal requirements and must not in any way act contrary to or inconsistently with any of the laws in force in Hong Kong (including the Basic Law and the National Security Law) when carrying out the business of selling and promoting the sale of Permitted Commodities at the New Year Fair; and (b) must comply with the latest directions of the Government issued through notices published in the Gazette or otherwise under all applicable Ordinances and subsidiary legislation thereunder (including but not limited to the Prevention and Control of Disease Ordinance (Cap. 599) and all subsidiary legislation thereunder including the Prevention and Control of Disease (Requirements and Directions)(Business and Premises) Regulation (Cap. 599F), the Prevention and Control of Disease (Prohibition on Gathering) Regulation (Cap. 599G), the Prevention and Control of Disease (Wearing of Mask) Regulation (Cap. 599I),  the Prevention and Control of Disease (Compulsory Testing for Certain Persons) Regulation (Cap.599J) and the Prevention and Control of Disease (Vaccine Pass) Regulation (Cap. 599L)), as well as any directions given by the Department on the prevention and control measures against infectious diseases (such as COVID-19) to be implemented at the Fair Venue. A Licensee must also obtain all licences, permits and/or authorisation necessary for conducting the business at the New Year Fair.
  3. A Licensee (whether by himself/herself or through his/her employees or agents) must not (a) 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, might disturb or affect public order or public safety at a Fair Venue; cause or lead to a breach of the peace at or in the vicinity of a Fair Venue; obstruct the free or smooth movement of visitors or otherwise increase the Government's difficulty in managing the crowds in a Fair Venue; cause any nuisance, damage, disturbance, annoyance, inconvenience or interference to a Fair Venue or to any persons at the venue; or be offensive, insulting or abusive to any persons at a Fair Venue; (b) behave otherwise than in an orderly and decent manner; or (c) bring any furniture, equipment (including loud hailers, amplifiers and other audio, visual or electronic devices), goods, chattels (including banner stands, ornaments and articles) into a Fair Venue except as is necessary for conducting business in the licence areaa.
  4. A Licensee must not assign or transfer any rights, benefits or obligations under the Licence Agreement to any person.
  5. A Licensee 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) and any directions given by the Government in connection with the implementation of prevention and control measures against infectious diseases, failing which the Government will be entitled to exercise its rights under the Licence Agreement, including the right to early terminate the Licence Agreement.   A Licensee must immediately vacate the stall upon termination of the Licence Agreement.

  6. The rules on the use of the Fair Venue in the Second Schedule of the Licence Agreement include, among others, the following -

    1. Stalls must not be used for gambling, or for any unlawful or immoral purposes;
    2. Games are not allowed to be played at the stall;
    3. Sale of Permitted Commodities by just showing samples / patterns is prohibited. Any Permitted Commodities sold at a Fair Venue must be immediately delivered to the customers upon their payment for the commodities.  A Licensee may not request any customer to tender payment at the venue pending subsequent delivery or collection of the commodities at other places; and
    4. Pure promotion, advertising, membership/customer enrolling activities, fund-raising activities and any other activities without the sale of tangible commodities are prohibited.
  7. 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.
  8. According to the Second Schedule of the Licence Agreement, it is necessary for the Licensee to maintain the licence area and its surroundings in a clean, tidy and hygienic condition. Special attention should be drawn to keeping the ground surface of the venue in a state of good repair.
  9. According to the Second Schedule of the Licence Agreement, display or sale of placards tied to any heavy object (including fruit) is prohibited.

Electricity supply

  1. Illumination facilities will be provided for all Fong Ma Po New Year Fair. No artificial lighting other than electrical lighting may be used by a Licensee.  A Licensee may use batteries to supply electricity for his/her stall. Alternatively, a Licensee may at his/her own costs arrange for electrical installation works for temporary supply of electricity to his/her stall.  The Department may appoint registered electrical contractors in Fong Ma Po New Year Fair (announcement will be made during the auction) to provide additional illumination facilities and electricity supply.  A Licensee may hire the services from the registered electrical contractors appointed by the Department if he/she needs additional illumination facilities or electricity supply.  For a Fair Venue where no registered electrical contractor is appointed by the Department, a Licensee who needs 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.

Exit Arrangement

  1. A Licensee must deliver up vacant possession of the licence area in a clean and hygienic condition and remove any fixtures, fittings and 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 6:00 p.m. on 5 February 2023. 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.
  2. A Licensee must not destroy, damage or abandon any unsold commodities at and in the vicinity of the licence area.

Anti-epidemic measures

  1. To facilitate possible contact tracking for the purpose of prevention and control of disease transmission, a Licensee must keep and provide a contact list of his/her staff deployed to work at the stall to the Department prior to commencement of the New Year Fair. The Licensee must provide an updated list to the Department immediately should there be any change of his/her staff.
  2. A Licensee and his/her staff deployed to work at the stall must be fully vaccinated against COVID-19 and must have undergone a rapid antigen test (RAT) for COVID-19 at their own cost within 24 hours before commencement of the New Year Fair and once every three days thereafter before entry into the Fair Venue and keep record of each RAT result for three days.  A Licensee and his/her staff must keep the vaccination records/ recovery record QR code and photos showing the RAT-negative testing kit as proof and make such records and photos available for the Department's checking before and throughout the Fair.

    (*Note:

    1. Fully vaccinated means having received COVID-19 vaccine in the manner specified in the Vaccine Pass requirements at least 14 days prior to the commencement of the Fair. Please refer to the COVID-19 thematic website (https://www.coronavirus.gov.hk) for "List of COVID-19 Vaccines Recognised for Specified Purposes", relevant requirements concerning documentary proof for completion of vaccination and Vaccine Pass requirements.
    2. RAT for COVID-19 once every three days means a Licensee and his/her staff deployed to work at the stall must, on the day when they enter the Fair Venue, hold a RAT result obtained on that day or on any of the two days immediately preceding the day when they enter the Fair Venue. For photos showing the RAT-negative testing kit, the testing kit should be marked with the name of the Licensee or his/her staff and the day of taking the RAT
    3. If a person is unfit to receive COVID-19 vaccination because of health reasons, he/she must make a declaration with the support of a COVID-19 Vaccination Medical Exemption Certificate with an encrypted QR code (Medical Exemption Certificate).  The person must keep the Medical Exemption Certificate as proof and make such document available for FEHD's checking before and throughout the Fair.
    4. The recovery record QR code is valid within 180 days (i.e. six months) from the date of recovery.)
  3. Anti-septic hand sanitizers must be provided at the stall for use by the patrons at all times during business hours. Stall operators are required to carry out cleaning and disinfection of their stall on a daily basis using 1:99 diluted household bleach.
  4. To make anti-epidemic efforts effective, the Government will strictly enforce various anti-epidemic measures, including:
    1. All persons must conduct body temperature screening before entering the Fair Venues.
    2. Persons with COVID-19 symptoms are not allowed to enter the Fair Venues.
    3. Before entering the Fair Venues, all persons are required either to scan the "LeaveHomeSafe" venue QR code using the "LeaveHomeSafe" mobile application on their phones or register their names, the first four digits or letters of their identification documents, contact numbers, the date and time of their visits as directed by the Department.
    4. All persons must wear a mask at all times when entering and staying at a Fair Venue. The mask should be well-fitted to the face to maximize its protection effect.
    5. Smoking are not allowed at the Fair Venues. Eating and drinking are not allowed at the Fair Venues, with the exception of stall operators, their staff and on-site staff of the Government.
  5. The admission to and exit from the Fair Venue will be monitored and the footfall at the Fair will be controlled with the use of technology, with a view to avoiding the risk of mass gathering and facilitating the public to enter the Fair Venue in an orderly manner. A list of anti-epidemic measures are specified in the Fourth Schedule of the Licence Agreement.  The Government may adjust the anti-epidemic measures according to the epidemic situation from time to time. The Government may also adjust the scale and business hours of the New Year Fair, tighten up the admission requirement of the public or even cancel the New Year Fair.

Other

  1. It is in a Licensee's own interest to maintain at his/her own expense a public liability insurance policy exclusively for the Licence Agreement with an insurance company authorized under the Insurance Ordinance (Cap. 41).

Public Enquiry

  1. Any person who needs clarification on the stall matter or information on auction matter of Fong Ma Po New Year Fair, please contact the Hawkers Section of of Tai Po District Environmental Hygiene Office of this Department at 3183 9162 or 2657 1137.

Food and Environmental Hygiene Department
18 November 2022

Note 1 :  In case Tropical Cyclone Warning Signal No. 8 or above or a Rainstorm Black Warning or “extreme conditions after super typhoon” announced by the Government is still hoisted or in force 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.