Auction of 2022 Che Kung Festival Fair Stalls

Che Kung Festival Fair Venue and Fair Period

The 2022 Che Kung Festival Fair will last for eighteen days, from 29 January 2022 to 15 February 2022 (both dates inclusive) at Chui Tin Street Soccer Pitch, Sha Tin. The fair will end at 10 p.m. on 15 February 2022.

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

Che Kung Festival 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 2 days from 27 January 2022 (“commencement date”) to 28 January 2022. 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 Festival Fair)

The Government will implement a series of infection prevention and control measures at the Festival 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 Festival Fair, tighten up the admission requirement of the public or even cancel the Festival Fair. Interested parties should fully consider these factors before participating in the auction.
The Government reserves the right to suspend or cancel the Festival 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.
Where the Festival 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 Festival 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

The auction of Che Kung Festival Fair will take place on the dates, times and places specified below -

Date	Time	Place	Stalls for auction
30 November 2021 (Tuesday)	9:30 a.m.－until completion.	Assembly Hall in Lai Chi Kok Government Offices (2/F., 19 Lai Wan Road, Lai Chi Kok, Kowloon)	Dry goods stalls and wet goods stalls

Remarks

Bidders should arrive at auction venue 15 minutes before auction time.
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

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. Participants are required to observe hand hygiene. Participants may use the hand sanitizers provided at the entrance and inside an auction venue.
5. Participants must put on masks at all times while inside an auction venue.
6. Eating and drinking are not allowed inside an auction venue.
7. Participants are advised to keep social distancing with one another as far as possible at an auction venue.
8. Participants are advised to avoid activities which can generate aerosol such as shouting, chanting and singing along.

Auction Conditions and Requirements

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.
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.
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.
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.
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.
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.
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 should also read the Pleasure Grounds Regulation, Cap. 132 sub. leg. BC at Annex III.
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.
No smoking, recording or photo-taking is allowed at the auction venue.
No food or drinks is allowed at the auction venue.
Participants who are improperly dressed will not be allowed to enter the auction venue.
Participants should switch off their pagers, mobile phones and any other electronic devices while the auction is in progress.
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

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.
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. 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.
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

10.

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.
The open auction will be video-taped by this Department for record purpose.
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.
The Department may consider to arrange to let out those unbid stalls to the public on a first-come, first-serve basis.
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 Plan of stalls of the Fair

The layout and location plan showing the site to be auctioned is at Annex IV for reference. The layout plan is indicative only and may subject to change in response to the COVID-19 epidemic situation. It is also displayed at Sha Tin District Environmental Hygiene Office of the Food and Environmental Hygiene Department at Level 12, Tower 1, Grand Central Plaza, No.138 Rural Committee Road, Sha Tin, New Territories.

Number and Size of Stalls

The number and size of wet goods stalls provided at the Che Kung Festival Fair Venues are as follows:-

Wet Goods Dry Goods

No. of Stalls Stall Area No. of Stalls Stall Area

2 2m x 3m 40 2m x 3m

Wet Goods	Dry Goods
No. of Stalls	Stall Area	No. of Stalls	Stall Area
2	2m x 3m	40	2m x 3m

Upset prices

The upset prices of the stalls are:-
1. Wet goods - $ 550
2. Dry goods - $ 2,310

Commodities on Sale at Fair

There is restriction on the sale of commodities at Che Kung Festival 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
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 Festival Fair on the Licensee's own account. A Licensee is prohibited from using his/her stalls for conducting any other activities.

Activities at Festival Fair and Use of Fair Stalls

Che Kung Festival 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 Che Kung Festival (i.e. joyful celebration of the Che Kung Festival 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.
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 Fairs; 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 Group Gathering) Regulation (Cap. 599G), the Prevention and Control of Disease (Wearing of Mask) Regulation (Cap. 599I) and the Prevention and Control of Disease (Compulsory Testing for Certain Persons) Regulation (Cap.599J)), 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 Fairs.
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 area.
A Licensee must not assign or transfer any rights, benefits or obligations under the Licence Agreement to any person.
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.
The rules on the use of the Fair Venue in the Second Schedule of the Licence Agreement include, among others, the following -

Stalls must not be used for gambling, or for any unlawful or immoral purposes;
Games are not allowed to be played at the stall;
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
Pure promotion, advertising, membership/customer enrolling activities, fund-raising activities and any other activities without the sale of tangible commodities are prohibited.

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.

Electricity supply

Illumination facilities will be provided for all Che Kung Festival 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 Che Kung Festival 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.

Unsold Flowers and Plants

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 10:00 p.m. on 15 February 2022. 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.
A Licensee must not destroy, damage or abandon any unsold commodities at and in the vicinity of the licence area.
Notwithstanding the provision of paragraph 25 above, a 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 10:00 p.m. on 15 February 2022, 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.

Anti-epidemic measures

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 Fairs. The Licensee must provide an updated list to the Department immediately should there be any change of his/her staff.
A Licensee and his/her staff deployed to work at the stall must be fully vaccinated against COVID-19 and must have undergone a polymerase chain reaction based nucleic acid test for COVID-19 at their own cost within 48 hours before commencement of the Fairs. Combined nasal and throat swab sample collected by professional shall be used as specimen for the test. A Licensee and his/her staff must keep the vaccination records and the SMS notifications containing the negative test results as proof and make such records and SMS notifications available for the Department's checking before and throughout the Fair.

(*Note:
1. Fully vaccinated means the suggested dosage has been administered in accordance with the relevant guidelines of a COVID-19 vaccination course at least 14 days prior to the commencement of the Fairs. For persons who have recovered from previous COVID-19 infection, they will be required to receive one dose of a COVID-19 vaccine at least 14 days prior to the commencement of the Fairs in order to be considered as fully vaccinated. Please refer to the COVID-19 thematic website (https://www.coronavirus.gov.hk) for “List of COVID-19 Vaccines Recognised for Specified Purposes” and relevant requirements concerning documentary proof for completion of vaccination.
2. 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 medical certificate and undergo a polymerase chain reaction based nucleic acid test for COVID-19 at his/her own cost within 48 hours before commencement of the Fair. Combined nasal and throat swab sample collected by professional shall be used as specimen for the test. The person must keep the declaration, medical certificate and SMS notification containing the negative test result as proof and make such documents and SMS notification available for the Department's checking before and throughout the Festival Fair.)
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 (except goods such as fresh flowers and plants) on a daily basis using disinfection materials with durable efficacy.
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.
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.
The admission to and exit from the Che Kung Festival Fair will be monitored and the footfall at the Fairs 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 Venues 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 Fairs, tighten up the admission requirement of the public or even cancel the Festival Fair.

Other

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

Any person who has question on the matter concerning the fair stalls and auction of Che Kung Festival Fair, please contact the Hawkers Section of Sha Tin District Environmental Hygiene Office of this Department at 2634 0134

Food and Environmental Hygiene Department
18 November 2021

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.

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