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Commercial Stalls Auction

In view of the latest developments, the Hong Kong Flower Show 2020 had been cancelled in order to reduce social contacts and the risk of the spread of the novel coronavirus in the community.

Details of the Flower Show and Auction Rules

Hong Kong Flower Show Venue and Period

1.	The Hong Kong Flower Show 2020 (“Show”) will be held for ten days, from 6 March to 15 March 2020 at the Victoria Park.

Duration for Stall Decoration (not open to public)

The venue of the Show will be opened to the successful bidders for setting up stalls during the following dates and times.

Fast Food Stalls (except “Floral Café”), Beverage Stalls, Agricultural Produce Stalls, Traditional Snack Food Stall, Photographic Equipment Stall, Flower and Gardening Stalls and Handicraft Stalls

Date	Time
3 March 2020	8:00 a.m. to 9:00 p.m.
5 March 2020	8:00 a.m. to 10:00 a.m. and 5:00 p.m. to 9:00 p.m.
6 March 2020	7:00 a.m. to 8:00 a.m.

Book Stalls

Date	Time
7 March 2020	1:15 p.m. to 2:00 p.m.

Fast Food Stall - “Floral Café”

Date	Time
2 March 2020	8:00 a.m. to 9:00 p.m.
5 March 2020	8:00 a.m. to 10:00 a.m. and 5:00 p.m. to 9:00 p.m.
6 March 2020	7:00 a.m. to 8:00 a.m.

No businesses may be conducted at the above Commercial Stalls during or before the specified decoration dates and times.

The successful bidders will be required to take out a public liability insurance policy and submit 2 copies of the same to the Director of Leisure and Cultural Services (“Director”) on or before 21 February 2020.

Special Note for Unforeseeable Reasons that will Cause a Shortened Show Period

Where any unforeseeable incident happens on or before the commencement date of the licence period (which includes the duration for setting up stalls and the Show period), the Director may shorten the duration of the Show period as the Director may decide. The Director will not be liable for any loss or damage suffered by the successful bidder as a result of the variation. If the Show period is shortened by the Director, a successful bidder will be entitled to a refund of the bidding price (licence fee) without interest on a pro-rata basis.

Date, Time and Place of Auction

6.	The auction of Commercial Stalls will take place on the date, times and place specified below-

Date	Time	Auction Venue	Types of Commercial Stalls for auction
4 December 2019 Wednesday	10:00 a.m.－12:00 noon (morning auction)	Lockhart Road Sports Centre (11/F, Lockhart Road Municipal Services Building, 225 Hennessy Road, Wan Chai)	Fast Food Stalls Fast Food Stall - Floral Café Beverage Stalls Traditional Snack Food Stall Agricultural Produce Stalls Photographic Equipment Stalls Handicraft Stalls Book Stall
4 December 2019 Wednesday	2:30 p.m.－5:30 p.m. (afternoon auction)	－ditto－	Flower and Gardening Stalls

Remarks:

Bidders should arrive at the Lockhart Road Sports Centre on 11/F, Lockhart Road Municipal Services Building, 225 Hennessy Road, Wan Chai before 9:45 am for the morning auction or 2:15 pm for the afternoon auction.

Auction Conditions and Requirements

7.	(a)	An auction of the stalls will be held by an auctioneer (“Auctioneer”) appointed by the Government at the auction venue on the date and times specified in paragraph 6 above.
	(b)	Any person who is 18 years of age or above, 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. In addition, any company incorporated in Hong Kong can also take part in the auction and bid for one or more stalls.
	(c)	Bidders are required to register with the Leisure and Cultural Services Department (“LCSD”) and sign a record of attendance at the location specified in paragraph 6 above prior to attending the auction. Registration will start at 9:30 a.m. on the auction day. The personal data provided for registration will be used solely for auction and related purposes. Where the bidder is a company, the authorised representative of the company must produce the following documents during the registration:
		(i)	the company's Certificate of Incorporation and Business Registration Certificate; and
		(ii)	an authorization letter showing that the representative is authorised to act on the company’s behalf in the auction and to sign the Licence Agreement (as defined in paragraph 7 (h) below) on the company’s behalf in the event of a successful bid.
	(d)	A bidder who makes the highest bid accepted by the Auctioneer will be allocated a stall. Bidders should note that an allocation of a stall by auction is complete when the Auctioneer announces its completion by the fall of the hammer, or in any other customary manner. The Government reserves the right to withdraw or amend the list of commodities allowed for sale (Second Schedule of the Licence Agreement) at any stall being auctioned before the fall of the hammer. A bid by a person/entity who is prohibited from bidding in this auction will become null and void irrespective of whether it is accepted as successful bid or not.
	(e)	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.
	(f)	Immediately after bidding the stall, a successful bidder will be required to register in person on the spot in his/her own name (or, if the bidder is a company, in the name of the company) as Licensee of the stall bid and to pay in cash or by cheque (post-dated cheques will not be accepted) the bid price in respect of each stall auctioned. 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”. A successful bidder who fails to pay the sum required immediately after the auction will have to forfeit his/ her/ the company’s right to the stall and the stall concerned will be put up for re-auction straightaway.
	(g)	If a successful bidder fails to pay in full the bid price in accordance with paragraph 7(f), or draws a crossed cheque which is later found to be dishonoured, the Government may, in its absolute discretion and without prejudice to any other rights which it may have, exercise any one or more of the following rights or remedies:
		(i)	to proceed against the defaulting bidder for damages or losses suffered by the Government as a result of the bidder's default;
		(ii)	to cancel the allocation of the stall so allocated to the defaulting bidder;
		(iii)	to re-auction the stall allocated to the defaulting bidder. The defaulting bidder must then pay to the Government any shortfall between the original successful bid price and the new successful bid price. Any surplus will belong to the Government;
		(iv)	to retain that stall or any other stall(s) allocated to the defaulting bidder and release the same only after payment of the outstanding bid price;
		(v)	to reject or ignore any bids made by or on behalf of the defaulting bidder at any future auctions;
		(vi)	to refuse admission of the defaulting bidder to the auction venue and/or debar the defaulting bidder from participating in any auction held by or on behalf of the Government; and
		(vii)	to dispose of the allocated stall in such manner as the Government may in its sole discretion deem fit.
	(h)	Each successful bidders will be required to enter into a licence agreement in the form attached in Annex I (“Licence Agreement”). Successful bidders must comply with all the terms and conditions of the Licence Agreement, failing which the Director will be entitled to exercise her right under the Licence Agreement, including the right to termination.
	(i)	No smoking, recording or photo-taking is allowed at the auction venue.
	(j)	No food or drinks are allowed at the auction venue.
	(k)	Participants who are sloppily dressed may not be allowed to enter the auction venue.
	(l)	Participants should switch off their pagers, mobile phones etc. while the auction is in progress.
	(m)	During the auction, no one may in any manner whatsoever 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.
	(n)	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.
	(o)	The open auction will be video-taped by the Government for record purpose.
	(p)	The Government may, at its absolute discretion, refuse to allow any person/entity to participate in the auction and to refuse any person admission to the auction venue.
Remarks :
	(a)	Bidders are advised that all Commercial Stalls are located inside the showground and admission fees would be levied for the patrons.
	(b)	The Government makes no guarantee as to the number of visitors to the Hong Kong Flower Show 2020. The Government may from time to time during the Show period close or restrict the use of or the access to the whole or any part of the Victoria Park (including but not limited to the Commercial Stalls) for the purpose of crowd control or the carrying out of such maintenance or repair as it may deem necessary. The successful bidders will not be entitled to claim for any compensation or loss of business arising from such closure or restriction or any implementation of crowd control measures.
	(c)	If a black rainstorm signal is issued or a tropical cyclone signal No.8 or above is in effect for any duration between 8:00 a.m. (Hong Kong time) and 12:00 noon (Hong Kong time) on the auction day, the morning auction will be deferred to 10:00 a.m. on 11 December 2019 (Wednesday) but the afternoon auction will remain unaffected. If a black rainstorm signal is issued or a tropical cyclone signal No.8 or above is in effect between 12:30 p.m. (Hong Kong time) and 4:30 p.m. (Hong Kong time) on the auction day, the afternoon auction will be deferred to 2:30 p.m. on 11 December 2019 (Wednesday).

Prevention of Bribery Ordinance

Potential bidders are reminded that they must fully comply with the provisions of the Prevention of Bribery Ordinance (Cap. 201), including section 7 thereof, which relates (among other things) to bidding at auctions conducted by or on behalf of the Government and/or public bodies.

Cartel Bidding

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 has not entered into any prior agreement, arrangement or understanding or otherwise engaged in any conduct which has likely or to have the effect of preventing or hindering competitive bidding. Without prejudice to the generality of paragraph 7(p) above, 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 each of 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.

Location Plan (Third Schedule of the Licence Agreement) and Layout Plan (Fifth Schedule of the Licence Agreement) of the Commercial Stalls in the Showground

10.	Location and layout plans showing the Commercial Stalls to be auctioned are on display at -
	(a)	All District Leisure Services Offices of the Leisure and Cultural Services Department;
	(b)	Lift Lobby at 11th Floor, Leisure and Cultural Services Headquarters, 1-3 Pai Tau Street, Sha Tin;
	(c)	All Home Affairs Enquiry Centres of the Home Affairs Department.

Number and Size of Commercial Stalls

11.	The number and size of the Commercial Stalls provided are as follows –

Commercial Stalls	Size	Number
Fast Food Stall	5m x 10m	6
Fast Food Stall - Floral Café	5m x 10m	1
Beverage Stall	5m x 5m	2
Traditional Snack Food Stall	5m x 5m	1
Agricultural Produce Stall	5m x 5m	3
Photographic Equipment Stall	5m x 5m	1
Handicraft Stall	5m x 5m	2
Book Stall	5m x 10m	1
Flower and Gardening Stal	5m x 5m	38

Upset Prices

12.	The upset price of each of the Commercial Stalls is set out as follow:-
	(a)	Fast Food Stall(see Notes 1 to 3)	:	$15,155 (5m x 10m)
	(b)	Fast Food Stall - Floral Café (see Note 4)	:	$15,155 (5m x 10m)
	(c)	Beverage Stall	:	$15,155 (5m x 5m)
	(d)	Traditional Snack Food Stall	:	$11,370 (5m x 5m)
	(e)	Agricultural Produce Stall	:	$11,370 (5m x 5m)
	(f)	Photographic Equipment Stall	:	$11,370 (5m x 5m)
	(g)	Handicraft Stall	:	$11,370 (5m x 5m)
	(h)	Book Stall	:	$7,750 (5m x 10m)
	(i)	Flower and Gardening Stall	:	$11,370 (5m x 5m)

Note1：	One of the Fast Food Stalls must sell at least 5 fast food items that meet the nutritional requirements of “More Fruit and Vegetables” and “3 Less” under the EatSmart Campaign. Priority will be given to bidders who are qualified as “EatSmart Restaurants” under Department of Health’s “EatSmart@restaurant.hk” Campaign (“EatSmart Campaign”). For more information on the EatSmart Campaign, bidders may visit: http://restaurant.eatsmart.gov.hk/eng/home_rest.asp.
Note2：	One of the Fast Food Stalls must be operated as a fruit shop selling fruit, juice and fruit dessert.
Note3：	One of the Fast Food Stalls must be operated as fast food stall selling vegetarian food. Priority will be given to bidders who are qualified as NGO (non-governmental organization) exempt from tax under section 88 of the Inland Revenue Ordinance (Cap. 112).
Note4：	One of the Fast Food Stalls must be operated as a café selling coffee, flower tea, sandwiches and confectioneries (such as cookie) (i.e. the “Floral Café”). Priority will be given to bidders who are qualified as NGO (non-governmental organization) exempt from tax under section 88 of the Inland Revenue Ordinance (Cap. 112).

Commodities on Sale

13.	There is restriction on the sale of commodities at the Commercial Stalls. An approved list of commodities on sale is listed in the Second Schedule of the Licence Agreement.

Activities at the Hong Kong Flower Show

14.	Successful bidders must comply with all terms and conditions in the Licence Agreement including but not limited to the rules on the use of the Show venue set out in the First Schedule of the Licence Agreement. The Licence Agreement contains (among the others) the following terms -
	(a)	Stalls must not be used for unlawful or immoral purposes;
	(b)	Games are not allowed to be played at the stall whether for gambling purposes or otherwise;

Sale of Pre-cooked Fast Food

15.	Sale of pre-cooked fast food, soft drinks, ice-cream and snack is only allowed at the Fast Food Stalls. Such activities require a temporary food factory licence issued by the Food and Environmental Hygiene Department upon compliance with the requisite licensing requirements and conditions.

Lighting and Electricity Supply

16.	The lighting and electricity supply for the Commercial Stalls is as follows -

		Lighting Supply	Electricity Supply
(a)	Fast Food Stall (5m x 10m)	2 nos. of 1000w floodlights 14 nos. of single fluorescent tubes	8 nos. of 13 AMP power sockets 1 no. of 32AMP (three point neutral) power socket 1 no. of 60AMP MCB distribution board
(b)	Fast Food Stall - Floral Café (5m x 10m)	2 nos. of 1000w floodlights	8 nos. of 13 AMP power sockets 1 no. of 32AMP (three point neutral) power socket 1 no. of 60AMP MCB distribution board
(c)	Beverage Stall (5m x 5m)	8 nos. of single fluorescent tubes	1 no. of 13 AMP power socket
(d)	Traditional Snack Food Stall (5m x 5m)	8 nos. of single fluorescent tubes	1 no. of 13 AMP power socket
(e)	Agricultural Produce Stall (5m x 5m)	8 nos. of single fluorescent tubes	1 no. of 13 AMP power socket
(f)	Photographic Equipment Stall (5m x 5m)	8 nos. of single fluorescent tubes	1 no. of 13 AMP power socket
(g)	Handicraft Stall (5m x 5m)	8 nos. of single fluorescent tubes	1 no. of 13 AMP power socket
(h)	Book Stall (5m x 10m)	16 nos. of single fluorescent tubes	5 nos. of 13 AMP power sockets1 no. of 1 no. of 32 AMP (three point neutral) power socket
(i)	Flower and Gardening Stall (5m x 5m)	8 nos. of single fluorescent tubes	1 no. of 13 AMP power socket

Miscellaneous

17.	This Public Notice only contains a brief description of the Licence Agreement. Bidders should read the full Licence Agreement (at Annex I) carefully before the auction. Bidders should also read the Pleasure Grounds Regulation (Cap. 132BC) (at Annex II) carefully before the auction.
18.	No act, failure, or partial act by the Government or the Auctioneer or any person acting for any of them will be deemed a waiver of any of their respective rights hereunder.
19.	References herein to a gender include every single gender. The singular number includes plural and vice versa.
20.	If there are discrepancies between the English version and the Chinese version of this Public Notice, the English version prevails. The Chinese version is for reference only.

Public Enquiry

21.	Any person who needs clarification on any matter or information on the stalls being auction may call the Secretariat of Show Committee, Hong Kong Flower Show 2020 at telephone number 2601 8260.
22.	For inquiry about the application procedures and licensing requirements/conditions of a temporary food factory licence for fast food stalls, please contact the Assistant Secretary (Other Licences) of the Licensing Office, Food and Environmental Hygiene Department at telephone number 2879 5720.