Hong Kong Flower Show 2025Leisure and Cultural Services Department
Commercial Stalls Auction
Details of the Flower Show and Auction Rules
Hong Kong Flower Show Venue and Period
| 1. | The Hong Kong Flower Show 2025 (“Show”) will be held for ten days, from 14 March to 23 March 2025 at the Victoria Park. |
Duration for Stall Decoration (not open to public)
| 2. | The venue of the Show will be opened to the successful bidders for setting up stalls during the following dates and times.
Book Stall
* No vehicles will be allowed to enter the Venue for loading and unloading of goods or commodities near the Licence Area on 12 March 2025 and between 10:00 a.m. and 5:00 p.m. on 13 March 2025. |
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| 3. | No businesses may be conducted at the above stalls (“Commercial Stalls”) during or before the specified decoration dates and times. | ||||||||||||
| 4. | Each successful bidder will be required to take out a public liability insurance policy, and submit 2 copies of the same and the payment receipts of the current insurance coverage to the Director of Leisure and Cultural Services (“Director”) on or before 24 February 2025. |
Special Note for Unforeseeable Reasons that will Cause a Shortened Show Period, Reduced Scale, Suspension or Cancellation of the Show
| 5. | Where any unforeseeable incident happens before the commencement date of or within the licence period, the Director may shorten, reduce scale, suspend or cancel of the show as the Director may decide at his/her absolute discretion. The Government will not be liable for any cost, liability, loss or damage suffered or incurred by the successful bidders arising out of or in relation to the cancellation or 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. |
| 6. | The Government may limit the number of members of public accessing the Show, reduce the scale of the Show and/or reduce the number of the Commercial Stalls during the licence period as it considers necessary and/or appropriate at its absolute discretion. The Government will not be liable for any cost, liability, loss or damage suffered or incurred by the successful bidders arising out of or in relation to such variation. |
Date, Time and Place of Auction
| 7. | The auction of the Commercial Stalls will take place on the date, times and place specified below- |
| Date | Time | Auction Venue | Type of Commercial Stall for auction (See the location plan below) |
|---|---|---|---|
| 11 December 2024 (Wednesday) |
10:00 a.m. -12:00 noon (morning auction) |
Cheung Sha Wan Sports Centre (J/O Hing Wah Street and Cheung Sha Wan Road, Sham Shui Po, Kowloon) |
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| 2:00 p.m. until completion of the auction (afternoon auction) |
－ ditto － |
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| Remarks: | Bidders should bring along all the required documents when arriving at the Cheung Sha Wan Sports Centre at J/O Hing Wah Street and Cheung Sha Wan Road, Sham Shui Po, Kowloon for registration before 9:45 a.m. for the morning auction or before 1:45 p.m. for the afternoon auction. |
Location Plan of Commercial Stalls at Hong Kong Flower Show 2025
Auction Conditions and Requirements
| 8. | (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 7 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. That said, those individuals or organisations prohibited from bidding (i.e. those who have received a “Letter of Prohibition from Future Application or Bidding” due to a breach) are not permitted to submit bids. | ||
| (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 7 above prior to attending the auction. Registration will start at 9:30 a.m. for morning session and 1:30 p.m. for afternoon session on the auction day. The bidders must pay the bid amount of successful bid for stalls by cash, cheque (post-dated cheques must not be accepted), Faster Payment System (FPS) or Mainland China's Licensed Digital Wallets (LDWs). The personal data provided for registration will be used solely for the 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) | copies of 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 for Hong Kong Flow Show 2025 (“Licence Agreement”) (as defined in paragraph 8(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 to the Licence Agreement) at any stall being auctioned before the completion. A bid by a person/entity who is prohibited from bidding in the 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, 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 the bid price in respect of each stall auctioned by cash, cheque (post-dated cheques must not be accepted), FPS or LDWs. A successful bidder will also be required to pay a security deposit of HK$4,687 by cash, cheque (post-dated cheques must not be accepted), FPS or LDWs as security for the due and proper performance of the Licence Agreement. 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 and/or security deposit for a stall in accordance with paragraph 8(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 and/or the outstanding security deposit; | ||
| (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 bidder will be required to enter into the 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 his/her right under the Licence Agreement, including the right of termination. | ||
| (i) | No smoking, recording or photo-taking is allowed at the auction venue. | ||
| (j) | No food or drinks are permitted to be brought into the auction venue, where no eating or drinking is allowed. | ||
| (k) | Participants who are sloppily dressed may not be allowed to enter the auction venue. | ||
| (l) | Participants must set their pagers or mobile phones in silent mode and switch off other beeping devices during the auction. | ||
| (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 have become null and void will immediately be put up for re-auction. Those who are interested in bidding stalls 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. | ||
| (q) | Notwithstanding anything to the contrary in this Public Notice, the Government reserves the right to disqualify a bidder on the grounds that the bidder has engaged, is engaging, or is reasonably believed to have engaged or be engaging in acts or activities that are likely to cause or constitute the occurrence of offences endangering national security or otherwise the exclusion is necessary in the interest of national security, or is necessary to protect the public interest of Hong Kong, public morals, public order or public safety. | ||
| Remarks | |||
| (i) | Bidders are advised that all Commercial Stalls are located inside the showground and admission fees would be levied for the patrons. | ||
| (ii) | The Government makes no guarantee as to the number of visitors to the Hong Kong Flower Show 2025. 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 and/or appropriate. 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. | ||
| (iii) | If a black rainstorm signal is issued or a tropical cyclone signal No.8 or above or “extreme conditions” after super typhoons announced by the Government is/are in force 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. (Hong Kong time) on 18 December 2024 (Wednesday) but the afternoon auction will remain unaffected. If a black rainstorm signal is issued or a tropical cyclone signal No.8 or above or “extreme conditions” after super typhoons announced by the Government is/are in force 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. (Hong Kong time) on 18 December 2024 (Wednesday). | ||
Prevention of Bribery Ordinance
| 9. | Potential bidders and 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
| 10. | Potential bidders and bidders are reminded that they must fully comply with the provisions of the Competition Ordinance (Cap. 619). Without prejudice to the generality of the preceding sentence, potential bidders and bidders must not collude with each other in the bidding or abstention from bidding for the stalls. In making a bid, a 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 or likely has the effect of preventing or hindering competitive bidding. Without prejudice to the generality of paragraph 8(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 or incur arising out of or in relation to such breach. | |
Location Plan (Third Schedule to the Licence Agreement) and Layout Plan (Fifth Schedule to the Licence Agreement) of the Commercial Stalls in the Showground
| 11. | Location and layout plans showing the Commercial Stalls to be auctioned are on display at - | |
| (a) | All District Leisure Services Offices of LCSD; | |
| (b) | Lift Lobby at 11th Floor, Leisure and Cultural Services Headquarters, 1-3 Pai Tau Street, Sha Tin; and | |
| (c) | All Home Affairs Enquiry Centres of the Home Affairs Department. | |
Number and Size of Commercial Stalls
| 12. | The number and size of the Commercial Stalls provided are as follows – |
| Commercial Stall | Size | Number |
|---|---|---|
| Photographic Equipment Stall | 5m x 5m | 1 |
| Book Stall | 5m x 10m | 1 |
| Fast Food Stalls | 5m x 10m | 6 |
| Beverage Stalls | 5m x 5m | 2 |
| Handicraft Stalls | 5m x 5m | 2 |
| Flower and Gardening Stalls | 5m x 5m | 42 |
Upset Prices and Security Deposit
| 13. | The upset price and security deposit of each of the Commercial Stalls are set out as follow:- | |||
| (a) | Photographic Equipment Stall | : | $22,740 (5m x 5m) | |
| (b) | Book Stall | : | $15,500 (5m x 10m) | |
| (c) | Fast Food Stalls | : | $30,310 (5m x 10m) | |
| (d) | Beverage Stalls | : | $30,310 (5m x 5m) | |
| (e) | Handicraft Stalls | : | $22,740 (5m x 5m) | |
| (f) | Flower and Gardening Stalls | : | $22,740 (5m x 5m) | |
| @ Security Deposit | : | $4,687 (each stall) | ||
@ If a Default Notice is issued, an amount of $4,687 will be deducted by the Government from the Security Deposit forthwith as liquidated damages.
Commodities on Sale
| 14. | 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 to the Licence Agreement. A licensee must only sell products which are listed on the approved commodities list for the relevant Commercial Stall. If a licensee sells products beyond the approved commodities list, the Government will be entitled to issue a default notice (“Default Notice”) upon the licensee. If a Default Notice is issued, an amount of $4,687 will be deducted from the security deposit paid by the Licensee forthwith as liquidated damages. If the concerned licensee fails to remedy the breach to the satisfaction of the Government after the issuance of a Default Notice, the Government may terminate the Licence Agreement. |
Activities at the Hong Kong Flower Show
| 15. | 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 to the Licence Agreement. The First Schedule to 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. | |
Food for sale at Fast Food Stalls
| 16. | Fast Food Stalls are only allowed to sell pre-cooked fast food, soft drinks, ice-cream and snack produced by licensed food factories. To run such businesses, one needs a temporary food factory licence from the Food and Environmental Hygiene Department, in compliance with the requisite licensing requirements and conditions. List of commodities allowed for sale is at Second Schedule to the Licence Agreement. |
Lighting and Electricity Supply
| 17. | The lighting and electricity supply for the Commercial Stalls is as follows- |
| Lighting Supply | Electricity Supply | ||
|---|---|---|---|
| (a) | Photographic Equipment Stall (5m x 5m) |
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| (b) | Book Stall (5m x 10m) |
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| (c) | Fast Food Stalls (5m x 10m) |
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| (d) | Beverage Stalls (5m x 5m) |
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| (e) | Handicraft Stalls (5m x 5m) |
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| (f) | Flower and Gardening Stalls (5m x 5m) |
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Miscellaneous
| 18. | This Public Notice only contains a brief description of the Licence Agreement. Bidders should read the full Licence Agreement carefully before the auction. Bidders should also read the Pleasure Grounds Regulation (Cap. 132BC) carefully before the auction. |
| 19. | 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. |
| 20. | References herein to a gender include every single gender. The singular number includes plural and vice versa. |
| 21. | 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. |
| 22. | The Licensee shall, at its own cost and expenses, ensure that the Licensee and all staff deployed by the Licensee in the Venue shall comply with any requirements as may from time to time be updated and advised by the Organiser, Centre for Health Protection (CHP) and/or the Health Bureau of the Government during the Licence Period. |
Public Enquiry
| 23. | Any person who needs clarification on any matter or information on the stalls being auctioned may call the Secretariat of Show Committee, Hong Kong Flower Show 2025 at telephone number 2601 8260. |