Che Kung Festival Fair Venue and Fair Period

The 2025 Che Kung Festival Fair will last for eighteen days, from 26 January 2025 to 12 February 2025 (both dates inclusive) at Chui Tin Street Soccer Pitch, Sha Tin. The fair will end at 10 p.m. on 12 February 2025

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

2.

Che Kung Festival Fair venue will be opened to the successful bidders (i.e. Licensees as defined in paragraph 8(h) below) for setting up of stalls for 2 days from 24 January 2025 (“commencement date”) to 25 January 2025. 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 Che Kung Festival Fair)

3.
The Government may from time to time during the licence period close or restrict the use of or access to the whole or any part of the Fair Venues for the purposes of implementing infection control measures, crowd control or carrying out of such maintenance or repair as it considers necessary. The Government may also adjust the scale and business hours of the Fair, and tighten up the admission requirement of the public.  Interested parties should fully consider these factors before participating in the auction.

4.
The Government reserves the right to suspend or cancel the Fair 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.

5.
Where the Che Kung Festival Fair is 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 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

6.

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

Date Time Place Stalls for auction
13 November 2024 (Wednesday) 9:30 a.m.－until completion. Assembly Hall in Lai Chi Kok Government Offices

(2/F., 19 Lai Wan Road, Lai Chi Kok, Kowloon)
Location map		 Dry goods stalls
(Stall Nos. 1-48)
(Total 48 stalls)
Remarks
  1. Bidders should arrive at auction venue 15 minutes before auction time.
  2. Bidders for the auction should note that, according to the progress of the auction, if necessary, auctioneer may assign and announce other auction dates and times for the remaining stalls.
7.
As the auction venue have limited capacity, limited seats are available on a first-come, first-served basis.

Auction Conditions and Requirements

8.
    1. Any person who is at least 18 years of age or above, and treated as ordinarily resident in Hong Kong under section 2 of the Immigration Ordinance (Cap. 115) an 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 Government 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 open auction; however, such person can participate in the auction in the next calendar year after clearing the arrears of payment and interest in full; or
      2. providing false information on his/her business name or address; or
      3. breaching any one of the following clauses stipulated in the licence agreement in respect of the previous Lunar New Year Fair or New Year Fair 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, sell or gift any article in the fair venue which the Government considers to be unlawful (including breach of any laws or regulations of Hong Kong including the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region), immoral or incompatible with the object of the Che Kung Festival 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 Food and Environmental Hygiene Department ("Department")'s prior permission in writing;
        6. 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. Any person who has engaged in or committed any of the following acts will not be allowed to bid in the auction for a period of five calendar years from the date of the relevant act:

      1. damaging, destroying, mutilating or abandoning unsold merchandise (including flowers and potted plants), either during or after the event, at or near his/her stall at any previous Lunar New Year Fair, Che Kung Festival Fair or Lam Tsuen Fong Ma Po New Year Fair in Tai Po; or

      2. breaching any of the following terms of the licence agreement in any previous Che Kung Festival Fair:-

        1. to ensure that the height of dry goods stalls not to exceed 3 metres from ground level;
        2. 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);
        3. to comply with certain requirements regarding the keeping, storage and usage of helium cylinders in the licence area; or
    5. 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.
    6. 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, by cheque (post-dated cheque will not be accepted) or by Faster Payment System (FPS). 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 or be dealt within any other manner as the Government deems fit. The bidder will be liable for damages or losses suffered by the Government as a result of his/her failure to pay, including but are not limited to any shortfall between the original successful bid price and the new successful bid price.
    7. 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.
    8. Each successful bidder (“Licensee”) will be required to enter into a licence agreement for 2025 Che Kung Festival Fair (“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. 132BC) at Annex III.

    9. 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.

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

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

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

    13. Participants should switch off their mobile phones, alarm watch and any other beeping devices while the auction is in progress.

    14. 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.
      Notes to the bidders for the auctions -
    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 the 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 Che Kung Festival Fair

  1. The layout plan (Annex IV) is indicative only. The fGovernment reserves the right to change the layout of the Fair Venue based on actual needs. The layout and location plans showing the stalls of the Fair 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

  1. The number and size of dry goods stalls provided at the Che Kung Festival Fair are as follows –

    Venue Dry Goods Stalls
    Number Area
    (W x D)
    Che Kung Festival Fair 48 3m × 2m

Upset Prices

  1. The upset price in Hong Kong dollars per one stall is :-

    1. Dry goods stall  $2,770

Sale of Permitted Commodities at the Che Kung Festival Fair

  1. There is restriction on the sale or gift of commodities at Che Kung Festival Fair stalls. A list of the commodities allowed to be sold at the Che Kung Festival Fair (“Permitted Commodities”) is at the First Schedule of the Licence Agreement. Bidders are reminded that Aquarium Fish is deleted from the list. Sale of the following commodities are strictly prohibited at the Che Kung Festival 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
    10. Bottled foam and bottled aerosol streamers
    11. Alcoholic drinks, cigarette, cigar and tobacco
    12. Floatable LED glowing balloons
  1. Licensees are not allowed to stock, display, provide, offer for sale or sell at the Che Kung Festival Fair any 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 bidders 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 bidders 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].
  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 Fair on the Licensee's own account. A Licensee is prohibited from using his/her stalls for conducting any other activities.

Activities at Che Kung Festival Fair and Use of Fair Stalls

  1. 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 Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region and the Safeguarding National Security Ordinance (6 of 2024) (“National Security Laws”)), contrary to the interest of national security, immoral or incompatible with the object of the Che Kung Festival 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.

  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 Laws) when carrying out the business of selling and promoting the sale of Permitted Commodities at the 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 ), as well as any directions given by the Department on the prevention and control measures against infectious diseases to be implemented at the Fair Venues. A Licensee must also obtain all licences, permits and/or authorisation necessary for conducting the business at the 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 area.

  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 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. The height of dry goods stalls must not exceed 3 metres from ground level;
    2. Stalls must not be used for gambling, or for any unlawful or immoral purposes;
    3. Games are not allowed to be played at the stall;
    4. 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
    5. Pure promotion, advertising, membership / customer enrolling activities, fund-raising activities and any other activities without the sale of tangible commodities are prohibited.
  7. Bidders are advised that according to the Second Schedule of the Licence Agreement, Licensees of stalls must not keep, store or use any compressed helium cylinder in the licence area.
  8. A Licensee must 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

  1. Illumination facilities will be provided for 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. The Department will appoint registered electrical contractors in the Che Kung Festival Fair to provide additional illumination facilities and electricity supply. A Licensee may, at his/her own cost, hire the services from the Department if he/she needs additional illumination facilities or electricity supply.

Unsold Commodities

  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 10:00 p.m. on 12 February 2025. 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.27. A Licensee must not destroy, damage or abandon any unsold commodities at and in the vicinity of the licence area.
  2. A Licensee must not destroy, damage or abandon any unsold commodities at and in the vicinity of the licence area.

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 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
30 October 2024

Note 1: In case Tropical Cyclone Warning Signal No. 8 or above is hoisted or expected to be hoisted, or Black Rainstorm Warning Signal or “extreme conditions” after super typhoon announced by the Government is/are in force or expected to be in force, for any duration within 2 hours before the commencement of the open auction, the auction on am/pm session on that day will be cancelled. The date and time of the 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.