Leasing of Public Market Stalls on a “First-Come, First-Served” Basis

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

   1. The vacant market stalls in FEHD Sunlight Market in Islands District will be leased on a “First-Come, First-Served” basis. Particulars are as follows:-

      Date:	25 March 2025, 1 April 2025 and 8 April 2025
      Time:	9:30 a.m. - 12:30 p.m. and 2:30 p.m. - 4:30 p.m.
      Selection Venue:	Islands District Environmental Hygiene Office of the Food and Environmental Hygiene Department, Room 626, 6/F, Harbour Building, 38 Pier Road, Central, Hong Kong (Tel: 2852 3606)

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

   3. The market stalls be leased for a fixed term of 10-month commencing on 1 May 2025 on terms and conditions set out in the form of licence agreement, that is available for inspection at Islands District Office of the Food and Environmental Hygiene Department (collectively, "FEHD") during office hours from 18 March 2025.

   4. 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 that day will be cancelled.

   5. When the Tropical Cyclone Warning Signal No.8, or above or a Black Rainstorm Warning Signal or "extreme conditions" after super typhoon announced by the Government is/are in force during selection time, the selection on that day will be cancelled.
   6. The Government reserves the absolute right to change, cancel and defer the leasing.

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. neither he nor his "immediate family member ¹" is a director or staff of the management services contractor of FEHD Sunlight Market or of its "related person ²" or of its subcontractor.

   3. he is not currently the sitting licensee, employee or agent of any other stall in the FEHD Sunlight Market.
      
      

      [1] "Immediate family member" in relation to an individual, means a spouse, parent, child, sibling, grandparent or grandchild of the individual.
      [2] If the Contractor is a company, the expression "related person" of the Contractor includes any one of the following: 
      1. a shareholder (corporate or individual) which directly or indirectly beneficially owns fifty (50) percent or more of the issued share capital of the Contractor ("majority shareholder"); or
      2. a holding company or a subsidiary of the Contractor; or
      3. a holding company or a subsidiary of a majority shareholder (being a company) of the Contractor; or
      4. a company in which a majority shareholder (being an individual) of the Contractor directly or indirectly beneficially owns fifty (50) percent or more of its issued share capital or controls the composition of its board of directors.
      The expressions "holding company" and "subsidiary" have the meanings given to them in the Companies Ordinance (Cap. 622). If the Contractor is a sole proprietor or partnership, the expression "related person" of the Contractor includes any one of the following:
      1. any partner of the Contractor (if it is a partnership); or
      2. the spouse, parent, child, brother or sister of the Contractor, and, in deducing such a relationship, an adopted child shall be deemed to be a child both of the natural parents and the adopting parent, and a step child to be a child of both the natural parent and of any step parent; or
      3. a company in which the Contractor or any partner of the Contractor beneficially directly or indirectly owns fifty (50) percent or more of its issued share capital or controls the composition of its board of directors.

1. 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.

2. 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 licence 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.

3. 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.

4. 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. a former tenant/ licensees of a stall in any public market, whose tenancy/ licence agreement 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/ licence agreement and which termination took place within 1 year before the Selection Date;

      2. notwithstanding item 6.3(a) above, a former tenant/ licensee of a stall in any public market, whose tenancy/ licence agreement 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/ licence fee in arrears together with any interest thereon are fully paid;

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

      4. a former tenant/ licensee 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;

      5. 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;

      6. 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/ licence agreement for that stall within 1 year before and including the Selection Date;

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

   4. Any person who was successful in selection of a stall on any Selection Date but whose term of licence agreement for that stall has not yet commenced on the Selection Date, will not be allowed to participate in selection of another;

   5. If a Successful Applicant is found to be a bankrupt or facing a bankruptcy petition, the Applicant will be ineligible to sign the licence agreement;

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

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

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

   9. 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

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

5. 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 licensee 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 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' licence fee and, if applicable, two months' air-conditioning charge, which will be applied as the deposit payable under the licence agreement upon signing of the licence agreement.  Subject to item 7.2(b)(ii) below, this deposit is refundable when the licensee 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 licence agreement; and

         (ii) one month's licence fee in advance and, if applicable, one month's air-conditioning charge in advance, which will be applied as payment of the licence fee and, if applicable, air-conditioning charge for the first month of the term upon signing of the licence agreement. The tenancy cannot be terminated by the licesee in the first 3 months after the commencement of the licence agreement. If the licensee terminates the tenancy within the first 3 months after the commencement of the licence agreement, the licensee shall pay to FEHD an amount equivalent to 3 months' licence fee plus air-conditioning charge (if applicable), less the same he has paid under the licence 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.

6. Signing of Licence 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 licence agreement for a fixed term of 10-month, 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 licensee of the stall concerned, the Successful Applicant is required, before signing the licence 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 licence 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 / licensee shall not assign, sublet, transfer or otherwise part with any of the benefits or obligations of the stall tenancy agreement / licence agreement. Before entering into the public market stall tenancy agreement(s) / licence 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/ licence agreement.

7. 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 licensee 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.

8. Salient Provisions of Licence Agreement

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

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

   2. The licensee is required to arrange for the supply of electricity and water direct with the CLP Power Hong Kong Limited and the Water Supplies Department.

   3. 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.

   4. The licensee shall not be entitled to any form of compensation from the Government due to the termination of the licence 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 fixed term tenancy scheme, and the licensee shall not acquire any rights, claims or compensation from such policy of the Government.

   5. There may be additional installations (e.g. roller shutter, wire-mesh stall top cover, etc.) left behind by a former licensee of the stall. The Government does not guarantee that such installations are fit for use by the licensee or are in good working condition. Subject to the consent of the Government, the licensee may remove such installations at his own expense. The licensee 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.

9. Remarks

   1. The Department reserves the right to retract any market stall from the selection or change the licence fee 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 FEHD Sunlight Market to inspect the market stalls offered for selection before the selection date. For details of the market stalls, permitted items of trades or clarification on other matters, please feel free to approach the market office of Islands District or contact the office listed in items 1.1 and 8.1 above.

Food and Environmental Hygiene Department
March 2025