1. Leasing of Public Market Stalls on a "First-Come, First-Served" Basis

    1. The market stalls which have not been let out in open auctions of market stalls on Hong Kong Island and in Islands District held in 2024 will be leased at their upset prices on a "First-Come, First-Served" basis. Particulars are as follows:-

      Date:      7 October 2024 (Monday) to 9 October 2024 (Wednesday)

      Time:      9:30 a.m. - 12:30 p.m. and 2:30 p.m. - 4:30 p.m.

      Selection Venue:    Hawkers and Markets Section (Hong Kong and Islands) Office,
                                       8/F, Lockhart Road Municipal Services Building, 225 Hennessy
                                       Road, Wan Chai, Hong Kong

    2. Details of the public market stalls in the selection, including names of market, stall numbers, commodities permitted for sales and monthly upset rents are set out at Annex.

    3. The upset prices are normally set at 100% of the open market rent (OMR). If the stalls have been vacant for over six months, the upset prices for the stalls in the selection will be fixed at the reduced upset prices in last open auction.

    4. The market stalls be leased for a fixed term of three years commencing on 1 November 2024 on terms and conditions set out in the form of tenancy agreement, that is available for inspection at respective Hawkers and Markets Section Offices and district offices of the Food and Environmental Hygiene Department (collectively, "FEHD") during office hours from 2 October 2024.

    5. 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 selection of market stalls, the selection on am/pm session on that day will be cancelled. The date and time of the leasing will be announced separately.

  2. Qualification of an Applicant

    1. An Applicant must meet the following requirements to participate in selection of stalls in the Selection Venue:

      1. he is 18 years of age or above and is an ordinarily resident in Hong Kong within the meaning as defined in section 2 of the Immigration Ordinance (Cap. 115); or

      2. he is 18 years of age or above and is an authorized representative of a Charitable Organisation which has been approved by the FEHD to participate in selection of stalls in the Selection Venue; or

      3. he is 18 years of age or above and is an authorized representative of the Fish Marketing Organization which has been approved by the FEHD to participate in selection of stalls in the Selection Venue; or

      4. he is 18 years of age or above and is an authorized representative of the Vegetable Marketing Organization which has been approved by the FEHD to participate in selection of stalls in the Selection Venue.

  3. Formation of Contract

    1. A Successful Applicant shall not assign or transfer any of his rights or obligations under the Contract without the prior written consent of the Government.

  4. Personal Data Provided

    1. All personal data provided by a person (including his name, Hong Kong Identity Card number and date of birth) when making arrangements for participating in selection of stalls will be used by the Government for the purposes of the Selection including for checking compliance with these selection of stalls, signing tenancy agreement, resolving dispute arising from or relating to the Selection, complying with any laws or regulations, and making disclosure pursuant to item 5 below.

    2. An individual to whom personal data belongs and a person authorized by him in writing has the right of access and to request correction with respect to the individual’s personal data as provided for in sections 18 and 22 and Principle 6 of Schedule 1 to the Personal Data (Privacy) Ordinance (Cap. 486).

    3. The right of access includes the right to obtain a copy of the individual’s personal data provided when making arrangements for participating in Selection of stall(s).  Enquiries concerning the personal data collected for the said purposes, including the making of access and corrections, should be addressed to the Personal Data Privacy Officer of the Environmental Hygiene Branch of FEHD, Chief Executive Officer at 45/F, Queensway Government Offices, 66 Queensway, Hong Kong.

  5. Consent to Disclosure

    1. The Government may disclose, whenever it considers appropriate, information (including personal data) in relation to or concerning the selection if the disclosure is made under any of the following circumstances (whether the information will upon disclosure become public information):-

      1. the disclosure of any information to any public officer or public body as defined in the Interpretation and General Clauses Ordinance (Cap. 1);

      2. the disclosure of any information already known to the recipient;

      3. the disclosure of any information which is public knowledge;

      4. the disclosure of any information in circumstances where such disclosure is required pursuant to any laws or regulations, or an order of a court of Hong Kong or a court or tribunal with competent jurisdiction;

      5. the disclosure of any information regarding anti-competitive collusive conduct to the Competition Commission of Hong Kong (and other authorities as relevant); or

      6. to the extent the information relates to or concerns a Registered Person, with the prior consent of that person.

  6. Restrictions on Selection of Stalls

    1. Any person who meets the requirement of item 2 above can only select one market stall at a time.

    2. A stall will be allocated on a “First-Come, First-Served” basis. Applicants should queue up at the specified queue-up point and their priority of stall selection will be determined by their position in the queue. The Department reserves the right to withdraw any stall from letting before it is selected by an applicant.

    3. The following persons are not allowed to participate in selection of stalls: -

      1. Successful Bidder in the same public market in any rounds on any Auction Date or Successful Applicant for a stall in the same public market on any Selection Date;

      2. a former tenant of a stall in any public market, whose tenancy was terminated by the Government on the ground of non-observance or non-performance of any of the terms and conditions of the tenancy agreement and which termination took place within 1 year before the Selection Date;

      3. notwithstanding item 6.3(b) above, a former tenant of a stall in any public market, whose tenancy was terminated by the Government on the ground of non-payment of rent (no matter when the termination took place), who is however allowed to participate in selection of stalls if the rent in arrears together with any interest thereon are fully paid;

      4. notwithstanding item 6.3(b) above, a former tenant of a stall in any public market, who is repaying any rentals in arrears of the tenancy by instalments, is however allowed to participate in selection of stalls if the rent in arrears thereon are fully paid;

      5. notwithstanding item 6.3(b) above, a sitting tenant or former tenant of a stall in any public market, whose tenancy was early terminated by the Government (other than temporary decanting or permanent relocation arranged by the Government) (the restriction will not be applicable after the period of one year counting from the date of the notice of termination of tenancy agreement);

      6. a former tenant who leased a stall in a public market twice (or more) in respect of the same stall, each time for a period of 3 months or less (other than the short-term tenancy offered by the Government), within 1 year before the Selection Date;

      7. a person who was successful in bidding a stall in any public market at auction but failed to pay the requisite deposit as required under the terms of the auction, who is however allowed to participate in selection of stalls if the outstanding sum together with any interest thereon are fully paid;

      8. a person who was successful in bidding a stall in any public market at auction or in selection of a stall in any public market on any Selection Date but failed to sign a tenancy agreement for that stall within 1 year before and including the Selection Date;

      9. a former tenant of any public market under the Market Modernisation Programme who chose to leave for good and receive an ex-gratia payment (the restriction will not be applicable after the period of five years counting from the date of receiving the ex-gratia payment);

      10. a former tenant of Tui Min Hoi Market, Choi Hung Road Market, and Kwun Tong Ferry Concourse Cooked Food Market under the Closure and Consolidation of Public Markets Plan who chose to leave for good and receive an ex-gratia payment (the restriction will not be applicable after the period of five years counting from the date of receiving the ex-gratia payment); and

      11. a person who is bankrupt or facing a bankruptcy petition on the Selection Date.

    4. No person who is renting a public market stall under the three-year fixed term tenancy scheme shall be allowed to rent more than one stall of three-year fixed term tenancy in the same market (the arrangement for participating in selection of stalls by a sitting tenant who is renting a public market stall in the same market under the three-year fixed term tenancy scheme may refer to item 7.3);

    5. Any person who was successful in bidding a stall in any public market at auction or in selection of a stall in any public market on any Selection Date but whose term of tenancy for that stall has not yet commenced on the Selection Date, will not be allowed to participate in selection of another stall in the same public market in the Selection Venue;

    6. If a Successful Bidder is found to be a bankrupt or facing a bankruptcy petition, the bidder will be ineligible to sign the tenancy agreement;

    7. No smoking, recording or photo-taking is allowed at the Selection Venue;

    8. No food or drinks is allowed at the Selection Venue;

    9. Participants who are improperly dressed will not be allowed to enter the Selection Venue;

    10. During the selection, 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 selections of other persons or cause other persons to surrender their selections for a certain stall.  The person who commits such act will be removed and will not be allowed to enter the Selection Venue again until the conclusion of the selection.  Anyone 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; and

    11. By making a selection, the applicant represents that he/she agrees to be bound by the above selection rules, conditions and requirements.

  7. Procedures after Selection

    1. A Successful Applicant, immediately after acceptance of his selection of a stall, is required to register in person with an officer of the FEHD at the Selection Venue in his own name as tenant of the stall.

    2. Upon registration under item 7.1 above, a Successful Applicant is required to do the following in the Selection Venue: -

      1. sign and submit a declaration in the form at Appendix I and Appendix IV (if applicable) hereto to the FEHD; and

      2. pay to the Government the following sums in cash, by cheque (post-dated cheque will not be accepted) or by Faster Payment System (FPS):

        (i) a deposit equivalent to two months’ rent and, if applicable, two months’ air-conditioning charge, which will be applied as the deposit payable under the tenancy agreement upon signing of the tenancy agreement.  Subject to item 7.2(b)(ii) below, this deposit is refundable when the tenant delivers vacant possession of the stall to FEHD on or before the effective date of termination of the tenancy after giving notice in writing to FHED in accordance with the relevant clauses in the tenancy agreement; and

        (ii) one month’s rent in advance and, if applicable, one month’s air-conditioning charge in advance, which will be applied as payment of the rent and, if applicable, air-conditioning charge for the first month of the term upon signing of the tenancy agreement. The tenancy cannot be terminated by the tenant in the first 3 months after the commencement of the tenancy agreement. If the tenant terminates the tenancy within the first 3 months after the commencement of the tenancy agreement, the tenant shall pay to FEHD an amount equivalent to 3 months’ rent plus air-conditioning charge (if applicable), less the same he has paid under the tenancy agreement for any period which falls within that 3 months. The amount to be paid is in addition to any other charges or costs due to FEHD.

    3. If a Successful Applicant is found to be currently a sitting tenant who is renting a public market stall in the same market under the three-year fixed term tenancy scheme, he shall sign and submit a declaration in the form at Appendix IV hereto to the FEHD immediately, and must deliver vacant possession of the current stall under the three-year fixed term tenancy scheme in the same market to FEHD before the effective date of commencement of the tenancy agreement.

    4. Note to applicants: the Government has implemented an arrangement since 1 July 2017 to compensate for inflation by adjusting the rent of market stalls yearly.  Generally speaking, the rent of public market stalls will be adjusted annually on the rent adjustment date specified in the tenancy agreement.  The adjustment is linked to the annual rate of change of the Consumer Price Index (A) for the past twelve months (that is, the past twelve months for the six months preceding the rent adjustment date).

  8. Signing of Tenancy Agreement

    1. Upon compliance with all the requirements under items 7.1 and 7.2 above by a Successful Applicant, the Successful Applicant is required to sign a tenancy agreement for a fixed term of three years, on a date to be specified in writing by the FEHD or any other date as agreed by the FEHD at the following office: -

      Hawkers and Markets Section (Hong Kong and Islands) Office
      8/F, Lockhart Road Municipal Services Building, 225 Hennessy Road, Wan Chai, Hong Kong
      (Tel: 2879 5696/ 2879 5706)

    2. If there are additional installations left behind by a former tenant of the stall concerned, the Successful Applicant is required, before signing the tenancy agreement(s), to sign an undertaking in the form at Appendix III to acknowledge his acceptance of such installations and his assumption of responsibilities of such installations.

    3. Before signing the tenancy agreement(s), the Successful Applicant shall surrender to the Director of Food and Environmental Hygiene any valid hawker licence held by him, which will be cancelled forthwith and will not be returned or re-issued under any circumstances.

    4. Public market stall tenant shall not assign, sublet, transfer or otherwise part with any of the benefits or obligations of the stall tenancy agreement. Before entering into the public market stall tenancy agreement(s) with FEHD, a Successful Applicant shall sign a declaration for renting market stall (a sample at Appendix II) that he shall not assign, sublet, transfer or otherwise part with any benefits or obligations of the stall tenancy agreement.

  9. Consequences of Non-compliance

    1. Upon default of a Successful Applicant in complying with either of the requirements under items 7 and 8 above, the Government is entitled, without prejudice to any other rights of and remedies available to the Government, to exercise any one or more of the following rights or remedies: -

      1. to commence legal proceedings against the Successful Applicant for breach of the Contract;

      2. to cancel the Successful Applicant’s registration as tenant of the stall concerned, and to withdraw the stall concerned from the Selection, or deal with it in any other manner as the Government deems fit;

      3. to claim for all loss and damage suffered or sustained by the Government arising out of or in connection with his default, including but not limited to claim for an amount equivalent to the Rent and Air-conditioning Charge (if applicable) for 3 months.

  10. Salient Provisions of Tenancy Agreement

    1. A Successful Applicant should note that the tenancy agreement(s) shall impose the following restrictions or obligations on him as tenant: -

      1. Transfer or succession of the tenancy agreement is not permitted. However, this does not affect the rights of the tenant’s legal personal representative.

      2. The tenant of a stall designated for selling cooked food shall provide a structure in strict conformity with the design and dimension specified by the FEHD if no such structure has already been provided.

      3. Cooked food centres and cooked food markets under FEHD generally offer communal seating, which is for the shared use of all customers and not for the exclusive use of any one stall.  The tenant shall not in any manner occupy the communal seating for the exclusive use of his stall.

      4. The tenant is required to arrange for the supply of electricity and water direct with the Hong Kong Electric Co. Ltd. and the Water Supplies Department.

      5. The FEHD has the right to specify from time to time the number of stalls to be designated for selling the prescribed commodities or to vary the specific purpose or use of an individual stall in a market.

      6. The tenant shall not be entitled to any form of compensation from the Government due to the termination of the tenancy agreement. Any relocation or relocation plan of the Government, and other policies applicable to any other public market stalls, shall not in any way apply or affect the tenancies of stalls rented out on a three-year fixed term tenancy scheme, and the tenant shall not acquire any rights, claims or compensation from such policy of the Government.

      7. There may be additional installations (e.g. roller shutter, wire-mesh stall top cover, etc.) left behind by a former tenant of the stall. The Government does not guarantee that such installations are fit for use by the tenant or are in good working condition. Subject to the consent of the Government, the tenant may remove such installations at his own expense. The tenant is responsible for the removal and disposal of the installations (except those to be retained with the Government's permission) upon expiry or termination of the tenancy at his own expense.

  11. Information for Reference

    1. The FEHD may arrange for modernisation improvement works including retro-fitting of air-conditioning system to be carried out in some public markets or public markets with cooked food centre. Persons interested in the selection should note that some stalls may be affected during the works and that the tenants of the stalls concerned would be required to pay recurrent and maintenance cost of the air-conditioning system after the completion of the works.

  12. Remarks

    1. The Department reserves the right to retract any market stall from the selection or change the upset price without prior notice.

    2. Plans showing the location of the market stalls offered for selection will be on provided at the Selection Venue.

    3. Interested applicants may visit the relevant markets to inspect the market stalls offered for selection before the selection date. For details of the market stalls, permitted items of trades / permitted trades in service trade or tradesman, or clarification on other matters, please feel free to approach the market office of respective markets or contact the office listed in item 8.1 above.

Food and Environmental Hygiene Department
October 2024