Date and Time of Open Auction

An open auction for letting out vacant market stalls in New Territories (except Islands district) will be held at 2/F., Assembly Hall, Lai Chi Kok Government Offices, 19 Lai Wan Road, Lai Chi Kok, Kowloon at 9:00 a.m. & 2:00 p.m. on Monday, 21 June 2021, at 9:00 a.m. , 2:00 p.m. & 4:00 p.m. on Tuesday, 22 June 2021 and at 9:00 a.m. on Wednesday, 23 June 2021.

Details of the Vacant Stalls

  1. 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.

Determination of Upset Price

  1. The upset prices are set at 100% of the open market rent (OMR).

Terms of Tenancy Agreement and Rent and Deposit

  1. Successful bidders will enter into a tenancy agreement for a term of one year from 1 July 2021 upon payment of the rent and air-conditioning charge (if applicable) for July 2021 as well as a deposit equivalent to one month’s stall rental and air-conditioning charge (if applicable).

  2. Special attention to bidders : The term of the tenancy agreement of the stalls is for a fixed term of one year certain.  On the expiry of the term of the tenancy agreement or early determination of the tenancy agreement, the tenant has no right to renew the tenancy agreement.  The Government of the Hong Kong Special Administrative Region will not be liable for any loss or damage incurred by or caused to the tenant arising from or in connection with the expiry or early termination of the tenancy agreement with no right of renewal of the tenancy agreement.  A successful bidder shall submit to the Food and Environmental Hygiene Department (FEHD) a declaration signed by him/her immediately, in the presence of the officers of FEHD, after he/she has successfully bid the stall, to acknowledge that he/she fully and clearly understands that the term of the tenancy agreement of the stall will be for a fixed term of one year certain with no right to renew the tenancy agreement, failing which his/her bid will be revoked.  The auctioneer may put up the relevant stall for re-auction at any time or make other decisions as he thinks fit.

Maintenance Cost and/or Electricity Charge for the Air-conditioning System

  1. 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.

Participation Conditions

  1. No person who is renting a stall under the one-year short term tenancy scheme shall be allowed to rent more than one stall of one-year short term tenancy in one market.
  2. Any person who is currently a stall tenant is not allowed to bid in the first round of auction for any stalls in the same market where his/her stall is located.  He/she (except a person renting a stall under the one-year short term tenancy) may however be allowed to bid one stall in the second round of auction held on the same occasion of the same day.
  3. Any person who succeeded in his/her bid for a stall under the one-year short term tenancy will not be allowed to bid, in any other round of the auction, a second stall in the same market where the stall he/she successfully bid is located.
  4. For the avoidance of doubt, if in the first round of auction, the highest bidder is found to be currently a stall tenant or has in the first round of auction successfully bid another stall in the same market, the bidder will be ineligible to sign the tenancy agreement. The stall will be released for bidding again within the first round (during which the bidder in question will not be allowed to bid).  If there is no bid offered within the first round, the FEHD will release the stall for bidding in the second round, the bidder who is currently a stall tenant (except a person renting a stall under the one-year short term tenancy) in the same market will then be allowed at that stage to bid.
  5. 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. Bidders should bring along their Hong Kong Identity Cards 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.

Prevention of Bribery / Collusion

  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.  Anyone who defrauds the Department at an auction by dishonest means is liable to criminal prosecution.
  2. 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.
  3. A successful bidder shall submit on the spot to the Department a warranty and a declaration 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

  1. There may be 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.

Notes for Persons Entering the Auction Venues

  1. The maximum capacity of the auction venue is 200 persons. Persons entering the auction venue are required to present an entry ticket with specified date and time slot of entry issued by the FEHD.  The FEHD will issue same-day entry tickets 30 minutes prior to commencement of each session of auctions.  Subject to the ground situation, the FEHD may advance or postpone the time of issuing entry tickets.
  2. Persons entering the auction venues are required to pay attention to and 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 the venues. Persons with fever are not allowed to enter the venues and are advised to seek medical advice promptly.
    3. Participants are required to observe hand hygiene.  Participants may use the hand sanitizers provided at the entrance and inside the venues.
    4. Participants must put on masks at all times while inside the venues.
    5. Eating and drinking are not allowed inside the venues.
    6. Participants are advised to keep social distancing with one another as far as possible at the venue.
    7. Participants are advised to avoid activities which can generate aerosol such as shouting, chanting and singing along.

Remarks

  1. The Department reserves the right to retract any market stall from the auction or change the upset price without prior notice.
  2. Bidders may refer to the Auction Rules and Conditions at Annex II. Plans showing the location of the vacant market stalls offered for bidding will be on display at the District Offices.
  3. Information on stalls with additional installations and details of such installations can be found at Annex I.

  4. Interested bidders may visit the relevant markets 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 0107
    Sai Kung District 3740 5108
    Tsuen Wan District 2212 9780
    Kwai Tsing District 2421 1425
    Tuen Mun District 2451 3409
    Yuen Long District 2920 7660
    North District 2679 2893
    Tai Po District 3183 9107
  5. By making a bid, the bidder represents that he/she agrees to be bound by the relevant auction rules and conditions.

Food and Environmental Hygiene Department
June 2021

Note :
In case Tropical Cyclone Warning Signal No. 8 or above or a 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.