INVITATION FOR PROPOSAL

發展局 Development Bureau October 2014

CREATIVITY ARTS CULTURE CREATIVITY ARTS CULTURE CREATIVITY ARTS CULTURE CREATIVITY ARTS CULTURE CREATIVITY ARTS CULTURE CREATIVITY ARTS CULTURE

CREATIVITY, ARTS AND CULTURE UNDER KWUN TONG BYPASS

ARTS CULTURE

OPERATOR FOR THREE SITES UNDER KWUN TONG BYPASS

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CONTENTS

INTERPRETATION p.5 1 INTRODUCTION p.8

1.1 Background

2. OVERVIEW OF THE PROJECT p.9 2.1 Aim of the Project

2.2 The Sites 3 ROLES AND RESPONSIBILITIES p.15 3.1 The Government’s Role and Responsibilities 3.2 The Successful Proponent’s Roles and Responsibilities 4 STRUCTURE OF AND OPERATION BY THE SUCCESSFUL PROPONENT p.17 4.1 Eligibility 4.2 Governance Structure 4.3 Project Management 4.4 Submission Team and Implementation Team 4.5 Project Implementation Timetable 4.6 Bank Account 4.7 Tenancy Agreement 4.8 Facilities and Design Layout Plan 4.9 Management of the Sites 4.10 Furniture and Equipment 4.11 Approval of the Government 4.12 Financial Management 4.13 Business Plan and Financial Plan 4.14 Monitoring Mechanism 4.15 Sub-letting, Procurement and Staff Employment 4.16 Fitting Out and Furnishing of the Sites 4.17 Insurance 4.18 Operation, Management and Maintenance 4.19 Programmes for Creativity, Arts and Culture 4.20 Public Education, Art Talent Development Programmes and Marketing 5 PREPARATION AND SUBMISSION OF PROPOSALS p.35 5.1 Preparation of Proposal 5.2 Amendments to Proposal 5.3 Validity Period 5.4 Use of Information and Data 5.5 Financial Guarantees, Undertakings and Indemnities 5.6 Intellectual Property Rights 5.7 Loss or Damage of Proposals 6 ASSESSMENT OF PROPOSALS p.42 6.1 General 6.2 Assessment 6.3 Clarification and Negotiation 6.4 Notification of Results 6.5 Timetable 7 LEGAL MATTERS p.47 7.1 Legal Framework 7.2 Approval-in-principle 7.3 Tenancy Agreement

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7.4 Statutory and Other Legal Requirements 7.5 Any Other Requirement or Agreement Deemed Necessary by the Government 7.6 Prevention of Bribery 8 NOTES ON PERSONAL DATA p.54 8.1 Purpose of Collection

8.2 Classes of Transferees 8.3 Access to Personal Data 8.4 Enquiries 9 DISCLAIMER AND OTHER MATTERS p.55 9.1 Disclaimer and Rights of the Government 9.2 Statutory Consent or Approvals 9.3 Addenda 9.4 Confidentiality 9.5 Publicity 10 ENQUIRIES p.61 APPENDICES p.62

Appendix 1 Site Plans Appendix 2 Basic Information And Track Record Appendix 3 Operation Of The Sites Appendix 4a Business Plan Appendix 4b Projected Income And Expenditure Statement Appendix 4c Assumptions And Bases Of Calculation Of Income And Cost Of Sales By Income Type Appendix 4d Demand For Service(s) To Be Provided Appendix 4e Key Assumptions And Bases Of Calculation On Expenditure Items Appendix 4f Staff Cost Projection Appendix 4g Cost Control Measures Appendix 4h Financial Viability And Sustainability Appendix 4i Checklist On Financial Information Appendix 5 Letter(s) Of Support Appendix 6 Undertakings To Performance Guarantee Appendix 7 Form Of Declaration

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CREATIVITY, ARTS AND CULTURE UNDER KWUN TONG BYPASS INVITATION FOR PROPOSAL OPERATOR FOR THREE SITES UNDER KWUN TONG BYPASS

Situated next to the Kwun Tong waterfront, spaces underneath the Kwun Tong Bypass were once a busy loading/ unloading area serving the industrial area in the heydays of Hong Kong’s manufacturing industry, creating thousands of jobs and propelling Hong Kong’s prosperity. Following the relocation of the Airport to Chek Lap Kok and our manufacturing base to the Mainland, today the Kwun Tong waterfront is being transformed into a one kilometer long promenade.

In line with the Government’s commitment to find opportunities to provide suitable spaces for artists, art groups and creative designers in Kowloon East, the Government acting through its Energizing Kowloon East Office aims to utilize the unused spaces under the Kwun Tong Bypass for arts and cultural events and uses by creative industries. A place for interaction and co-creation, the project offers a participatory experience that aims to fulfill and enrich the lives of everyone and at the same time provide a platform for local artists.

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INTERPRETATION

1. Terms and expressions used in this Invitation for Proposals shall, unless the context requires otherwise, have the meanings ascribed to them in the Interpretation. “Advisory Committee” has the meaning attributed to such term in paragraph 3.1.1. “All Facilities” means the Government Facilities and Other Facilities which are to be furnished for the organization of activities that drive the development of arts and culture and the creative industries and assists the financial self-sustainability of the Project. “Approval-in-principle” or “AIP” has the meaning attributed to such term in paragraph 6.4.3. “Associate” in relation to any person means: (a) a relative or partner of that person; or (b) a company one or more of whose directors is in common with one or more of the

directors of that person.

“Associated Person” in relation to another person means: (a) Any person who has control, directly or indirectly over the other; or (b) Any person who is controlled, directly or indirectly, by another; or (c) Any person who is controlled by, or has control over, a person at (a) or (b) above. “control” in relation to another person means holding office as a director or the

power of a person to secure (a) by means of the holding of shares or interests or the possession of voting

power in or in relation to that or any other person; or (b) by virtue of powers conferred by any constitution, memorandum or

articles of association, partnership, agreement or arrangement (whether legally enforceable or not) affecting that or any other person that the affairs of the first-mentioned person are conducted in accordance with the wishes of that other person;

“director” means any person occupying the position of director by whatever name called and includes without limitation a de facto or shadow director. “relative” means the spouse, parent, child, brother or sister of the relevant person, and, in deducing such a relationship, an adopted child shall be deemed

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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.

“Business Plan” means the business plan to be submitted by Proponents for the Project. Detailed requirements for the submission of the Business Plan are set out in paragraph 5.1.3. “Closing Date” has the meaning attributed to such term in paragraph 5.1.6. “EKEO” means the Energizing Kowloon East Office of the Development Bureau of the Government. “Government” means the Government of the Hong Kong Special Administrative Region of the People’s Republic of China. “Government Facilities” means the buildings, structures or facilities constructed or to be funded and constructed by the Government. Buildings, structures or facilities to be funded by the Proponent and constructed by the Government as per paragraph 2.2.6(b) are also regarded as Government Facilities. “Implementation Team” has the meaning attributed to such term in paragraph 4.3.1(a). “Invitation for Proposals” or “IFP” means this invitation for proposals, any plans, drawings and documents issued by the Government with or in connection with the IFP, and any addenda, other invitations and requests for information and amendments issued thereto from time to time by the Government. “MSE” has the meaning attributed to such term in paragraph 1.1.2. “NPO” means non-profit making organization. “Objective” has the meaning attributed to such term in paragraph 1.1.1. “Other Facilities” means the buildings, structures or facilities other than the Government Facilities to be funded and constructed / provided by the Successful Proponent. “Project” has the meaning attributed to such term in paragraph 1.1.4.

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“Proponent” means any person submitting a Proposal in response to the IFP. “Proposal” means a proposal and, where the context so requires, any revised proposal, submitted by a Proponent for the Project in response to the IFP and any amendments and changes thereto. “Special Purpose Company” or “SPC” means a company set up for the sole purpose of the Project as set out in paragraph 4.1.2. “Successful Proponent” means the Proponent selected and given Approval-in-principle described in paragraph 6.4.3 by the Government. “Sites” means the sites identified as Sites 1, 2 and 3 with boundaries delineated in thick red dotted line in Appendix 1. “Submission Team” has the meaning attributed to such term in paragraph 4.4.1. “Tenancy Agreement” has the meaning attributed to such term in paragraph 7.1.1(b). “Website” has the meaning attributed to such term in paragraph 5.1.4. 2. Unless the context requires otherwise: (a) words importing the singular include the plural and vice versa and words

importing a gender include the other genders; (b) a reference to a “person” includes an individual, company, corporation, firm or

any body of persons, corporate or unincorporated and includes any public body; (c) where any word or expression is defined in the IFP, such definition shall extend

to the grammatical variations and cognate expressions of such word or expression;

(d) a reference to any statute or statutory provision or subsidiary legislation shall be

construed as a reference to the same as it may have been, or may from time to time be, amended, modified or re-enacted; and

(e) a statute shall include any and all subsidiary legislation made under such

statute.

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1 INTRODUCTION 1.1 BACKGROUND

1.1.1 The Chief Executive announced in his 2014 Policy Address that the Government would capitalize on the transformation of Kowloon East and identify sites to support the development of arts, culture and creative industries, with a view to turning Kowloon East into a distinctive business area. We will convert unused sites underneath the Kwun Tong Bypass along Hoi Bun Road for arts and cultural events and use by creative industries (“Objective”). 1.1.2 In November 2013, the EKEO undertook a market sounding exercise (“MSE”) to understand the level of interest in operating arts and cultural facilities on the Sites to meet the Objective, collect views and ideas from prospective operators on such and invited parties interested in operating the Sites to express their interests. The MSE was aimed at understanding the level of interest in, and collecting views and ideas from prospective operators. 1.1.3 The MSE was closed in January 2014 with encouraging responses from interested parties. These responses provided EKEO with valuable information and better understanding on interested parties’ thinking and concerns that would help to fine-tune the plan for the Project. 1.1.4 With this understanding, the Government now invites proposals from NPOs1 for the planning, proposing/providing suitable facilities, fitting out and subsequent lease, operation, maintenance and management of the Sites in accordance with the terms and conditions of the Tenancy Agreement (“Project”). 1.1.5 It is the Government’s intention that the Successful Proponent will be given the Approval-in-principle (“AIP”) to carry out the Project. 1.1.6 The Invitation for Proposals (“IFP”) is independent from the MSE. Proponents interested in submitting a Proposal are requested to respond to the IFP on or before 9 January 2015 at 2:30pm, regardless of whether or not they have previously responded to the MSE. Late Proposals will not be considered. The Government aims to select the Successful Proponent in the first quarter of 2015. 1 The NPOs must have charitable status under Section 88 of the Inland Revenue Ordinance (Cap. 112); see paragraph 4.1.1 below.

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2 OVERVIEW OF THE PROJECT 2.1 AIM OF THE PROJECT 2.1.1 Creativity, arts and culture help people to express themselves, think creatively, cultivate art, find roots of our society and most of all develop confidence. They enrich our life experience and quality of life and help people to understand, interpret and adapt to the world, increasing their capacity for enjoying life and developing their world views. 2.1.2 Creativity, arts and culture under Kwun Tong Bypass has been laid down in Kowloon East Conceptual Master Plan (“CMP”) as a means to bring vibrancy to the waterfront of Kwun Tong. On a societal level, learning through creativity, arts and culture can foster a better understanding of Hong Kong’s culture, enhance the range and capacity for creativity and innovation in our society, develop social cohesion and stimulate community pride. 2.1.3 In line with the key components of the CMP, the Government aims to transform the unused waterfront spaces under the Kwun Tong Bypass next to the Kwun Tong Promenade into a contemporary creative and cultural hub with access for the public, contributing to enrichment of the lives of Hong Kong people and a vibrant waterfront in Energizing Kowloon East. 2.1.4 The Project aims to utilize unused spaces under the Kwun Tong Bypass and construct suitable facilities for the Objective and to engage a NPO as the operator to carry out the Project as mentioned in paragraph 1.1.4. 2.2 THE SITES 2.2.1 Kwun Tong, an area well known for its productive manufacturing centers and factories, accounted for one-fifth of Hong Kong’s total sales and work done in manufacturing industry in the heyday of Hong Kong. Tens of thousands of workers made a living in the factories of Kwun Tong and Kowloon Bay, reflecting Hong Kong’s ‘can do’ spirit. Many of the industrial buildings built in the 1960s and 1970s have unique architectural interest and are still being actively used. In recent years, some of these premises have been used by artists and creative industries as designer workshops, studios, or rehearsal rooms thus helping nurture Hong Kong’s creative, arts and cultural services and industries and making Kowloon East an ‘incubator’ for artists and creative industries. A survey undertaken by the Hong Kong Art Development Council in 2010 indicated that Kwun Tong and Ngau Tau

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Kok are popular places for art creation activities2. A survey3 undertaken by the Planning Department in 2011 revealed that in Kowloon East over 500 establishments are operating as cultural and creative workshops such as art/ music/ film studios. 2.2.2 The Project consists of three sites, namely Site 1, Site 2 and Site 3 (the “Sites”) located under the Kwun Tong Bypass along Hoi Bun Road adjacent to the Kwun Tong Promenade with a total area of approximately 8,500m2. Kwun Tong Promenade Phase 1 has been open to the public since 2010; Phase 2 is under construction and will be completed by the end of 2014. Together they provide a 1 kilometer long waterfront park. The Sites are within 10 minutes on foot from Ngau Tau Kok Mass Transit Railway Station. The locations of the Sites are shown at Appendix 1. 2.2.3 The Sites are envisaged as an inclusive destination 4 supported by an informal performance venue (Site 1), a creative hub (Site 2) and a multi-functional space (Site 3) respectively, providing members of the public a place to relax, socialize and cross cultivate. It is aimed that the Project will inject fresh elements within the fabric of Kwun Tong, adding new functions and synergy to the unique character of the Kwun Tong waterfront. 2.2.4 The Sites are valuable and unique asset of our community. Site 1 has already been transformed into an informal multi-purpose performance venue and been open to the public since January 2013. It is at present under the management of the EKEO. The Government intends to continue the present management style of Site 1 in providing a pleasant space opened for public enjoyment. The other two sites are vacant government land. The Proponents shall allow in their proposals free public access to various parts of the Sites as appropriate. The public shall be allowed access to the whole or part of the Sites without disturbance to the operation of the Successful Proponent. 2.2.5 The Government proposes to finance and task the Architectural Services Department (“ArchSD”) to take up the architectural design and building work of the Government Facilities at Site 2 and 3 based on the Successful Proponent’s 2 Survey on the Current Status of Industrials for Arts Activities and Future Demand (2010 Dec) undertaken by Hong Kong Arts Development Council. The survey found that art creation activities are mainly located in Fo Tan (20.5%), Kwun Tong (19.6%), and Ngau Tau Kok (12.7%) and San Po Kong (10.6%). Visual arts (37.8%) and music (37.3%) are the major types of arts and cultural activities. 3 The Survey on Business Establishments in Kowloon East (KE) (2011 May). 4 Proponents may come up with other suggestions on the possible use related to creativity, arts and culture.

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schematic design proposal with design and construction cost at a ceiling of HK$20 million. This will include all consultancy fees, site formation, foundation, buildings, building services, utilities connection and landscaping costs. The consultant and the construction works contract would be managed by ArchSD and other relevant government departments.

Informal performance venue at Site 1 under Kwun Tong Bypass

2.2.6 The following variation in respect of the design and construction works as well as capital funding arrangement may be proposed by the Proponents:- (a) offer to undertake the design and construction works himself without

resorting to any funding support from Government.”

(b) offer to fund the additional construction cost shall the Proposal exceeds the ceiling of HK$20 million to be financed by the Government. The buildings/structures/facilities constructed under this arrangement will be regarded as Government Facilities.

2.2.7 While the Sites would provide members of the public with a place to relax and socialize, it could also be supported by some ancillary commercial uses such as cafes and stalls to enrich visitor experience. In addition to generating revenue to help sustain maintenance and continued operation of the Sites, ancillary commercial activities will also help attract visitors to the arts and cultural activities under Kwun Tong Bypass and create economic benefits for Hong Kong through creation of jobs. 2.2.8 The Government will let the Sites to the Successful Proponent under the

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Tenancy Agreement. It is anticipated that Lands Department will allocate the Sites to EKEO, Development Bureau for future construction and operation of the Sites by the Successful Proponent.

Space under the Kwun Tong Bypass at Sites 2 and 3

2.2.9 It is the Government’s intention that the operation and management of the Sites shall commence by mid-2016. Depending on the complexity of the Proposal, the Government intends to complete the Government funded works in the first quarter of 2016 and handover the Sites for commencement of fitting out and furnishing works by the Successful Proponent. The Successful Proponent may fit out/furnish the Sites and operate the Project in phases or in whole to match with its Business Plan according to the Project Implementation Timetable as per paragraph 4.5.

RESPOND NOW

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Site 1 : Informal performance venue | Site 2 : Creative hub | Site 3 : Multi-functional space (a

possible combination of arts and cultural uses of the Sites by creative industries, subject to the

Successful Proponent’s proposal)

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Past arts and cultural events conducted at Site 1 (currently under the management of EKEO) by

creative industries.

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3 ROLES AND RESPONSIBILITIES 3.1 THE GOVERNMENT’S ROLE AND RESPONSIBILITIES 3.1.1 The Government is committed to support and drive the Project to meet the Objective. To administer the Project effectively, the Government has established a dedicated Advisory Committee (“Advisory Committee”) to consider the Proposals and recommend a Proposal and Proponent for approval by the Secretary of Development. The Advisory Committee comprising Government representatives from relevant fields has been set up to oversee, monitor and steer the development and operation of arts and cultural facilities under Kwun Tong Bypass. To avoid any conflict of interest, members of the Advisory Committee will be required to declare any interests between their duties in relation to the Project and their interests and refrain from taking part in discussions on relevant Proposals. 3.1.2 The Government will enter into the Tenancy Agreement with the Successful Proponent as described in the IFP and will work in close collaboration with the Successful Proponent. 3.2 THE SUCCESSFUL PROPONENT’S ROLES AND RESPONSIBILITIES 3.2.1 The Government wishes to appoint an operator with the experience, capability, drive and commitment to turn the Sites into a leading recognized destination for creativity, arts and culture. The Successful Proponent must share the vision and mission to revitalize the unused spaces under Kwun Tong Bypass into Kowloon East’s leading creative and cultural destination where creativity, arts, culture and leisure are innovatively integrated and grafted into the waterfront for all to enjoy, contributing to enriching the lives of people of Hong Kong. 3.2.2 The Successful Proponent should actively align and support itself with the overall vision and mission of the Project. It will work closely and collaboratively with the Government including the EKEO and organizations in art, culture and creative industries of Hong Kong and possibly in other parts of the world to achieve the Project’s vision and mission. 3.2.3 The Successful Proponent shall be responsible for operating, managing and maintaining5 the Sites.

5 The Successful Proponent shall be responsible for maintenance of the arts and cultural facilities except for the building structure, building services, electrical and mechanical installations constructed by the Government which shall be maintained by Government.

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3.2.4 The Successful Proponent shall provide the Government (including EKEO and/ or relevant Government bureaux, departments) and authorities with such plans, reports, information and materials and at such time as required by the Government from time to time for approval, review, comment or information, including, without limitation, business plans, financial plans, building management plans, mid-year progress reports, annual reports, audited financial statements, information on visitors, customer satisfaction survey results, programmes for creativity, arts and culture and other relevant information and materials. 3.2.5 The Successful Proponent shall operate in such a manner that the standard and image of the operation shall not adversely affect the image of EKEO and the Government. The Successful Proponent shall perform its obligations with due diligence, skill and care as expected of an experienced operator of a leading creative and cultural hub at such operating standards acceptable to the Government. 3.2.6 The Successful Proponent shall comply with all applicable laws, obtaining and maintain all necessary licenses and permits, comply with the probity requirements of EKEO, prevent any situation of conflict of interest and observe the principles of openness, fairness, competitiveness and value for money in procurement of goods and services, sub-letting of the Sites and in engagement of staff and consultants.

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4 STRUCTURE OF AND OPERATION BY THE SUCCESSFUL PROPONENT 4.1 ELIGIBILITY 4.1.1 The Proponent to the IFP should be a NPO and exempt from tax under Section 88 of the Inland Revenue Ordinance (Cap. 112). To accommodate interested organizations that may not already be so exempted at the time of submission of the Proposal, Proponents that have formally submitted an application for Section 88 exemption to the Inland Revenue Department by the time of submission of a Proposal will also be allowed to apply but the principal Proponent (and the co-operating Proponent(s), if applicable) must have obtained the said charitable status before the issue of the AIP, otherwise the Proposal will not be further considered. 4.1.2 Upon selection, the Successful Proponent, must set up a Special Purpose Company (“SPC”) incorporated under the Companies Ordinance (Cap. 622) for the sole purpose of performing its role as the operator under the Tenancy Agreement. The SPC must also exempt from tax under Section 88 of the Inland Revenue Ordinance (Cap. 112) within four months upon being selected. The SPC shall, mutatis mutandis, submit a proposal in its own name together with documentary proofs of the setting up and the tax exemption status of the SPC within one month upon request by the Government in writing. 4.1.3 Recognizing that some capable operators may not possess the full range of required skills and experience, organizations partnering with other organizations who have different edges in the field are welcome to cooperate to respond to the IFP in the form of shareholding or consortium or joint venture (“JV”) arrangement. For joint applications involving two or more NPOs, each NPO must exempt from tax under Section 88 of the Inland Revenue Ordinance (Cap. 112). Also, there should be clear accountability arrangements, with one of the NPOs being identified as the principal Proponent. 4.1.4 After the submission of the Proposal, no changes to the shareholding or consortium or JV arrangement of the SPC is allowed without obtaining the prior written consent of the Government. Changes to shareholding or consortium or JV arrangement will usually not be considered unless with strong justification(s). 4.2 GOVERNANCE STRUCTURE 4.2.1 The Successful Proponent shall establish an appropriate governance

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structure to ensure sound corporate practice in performing its duties and obligations as set out in the Tenancy Agreement and meeting the applicable legal and statutory requirements in Hong Kong. Risk control mechanism, auditing, clear management accountability, well defined performance management and evaluation mechanisms and appropriate key performance indicators or milestones for achievement shall be in place to maintain a high governance standard, to achieve the vision and mission of the Project, to facilitate detection of any attempt to siphon off funds for unrelated purposes, and to perform and comply with the requirements of the Tenancy Agreement. 4.2.2 The Successful Proponent shall recruit and maintain a professional and dedicated team that includes specialist staff in creativity, arts and culture, community outreach, fundraising, public relations, marketing, facility management and office administration to: • research, design, organize, market and manage quality programmes and events

for creativity, arts and culture and public education; • seek or generate operational and programme funding; • plan for and achieve cost effectiveness and efficiency in all operations; • undertake communication and public relations strategies and activities and to

reach out to relevant stakeholders including the media; • properly manage the Sites under its management, keep the Sites in good repair

and condition and comply with the requirements of the relevant Government authorities and departments in connection with the occupation and use;

• carefully manage its finances, human resources, information systems,

customer relationships and services; and • take such actions as necessary to perform its duties and obligations under the

Tenancy Agreement and in accordance with such operating standard acceptable to the Government.

4.2.3 The Successful Proponent should possess excellent collaborative capacity and skills and the ability to collect and balance views and interests of different parties and stakeholders, and have wide local and possibly international networks and partners in the field of creativity, arts and culture, with the ability to engage

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effective cross sector, local, regional and international collaboration. 4.2.4 The Successful Proponent should also have a good track record of communicating with arts and cultural organizations and should be knowledgeable about the trends and developments of the local and international arts, cultural and creative industries. 4.3 PROJECT MANAGEMENT 4.3.1 The Successful Proponent shall put the Sites into operation in accordance with the target date as set out in paragraph 2.2.9. Proponents shall take into account the following requirements in formulating their Project Implementation Timetable as per paragraph 4.5: (a) Early Engagement of Implementation Team The Successful Proponent shall deploy persons with relevant experience (“Implementation Team”) to perform its obligations under the Tenancy Agreement. The Successful Proponent shall engage key personnel in the Implementation Team for the Project within one month of the Government’s issue of the AIP so as to specify detailed user requirements for the Government, assist with the design development and provide independent advice to the Government on the consolidated schedule of accommodation and user requirements of the Government Facilities. (b) Technical Vetting/Approval by the Government The Successful Proponent shall submit the following to the Government for vetting/approval within one month of the Government’s issue of the AIP as per paragraph 7.2.1: • detailed schedule of accommodation • preliminary design and specifications of proposed furnishing for Other Facilities detailed project implementation timetable performance monitoring plan with proposal on monitoring the performance in

achieving the Project goals, and the remedial measures in case of default (“Performance Monitoring Plan”). The Performance Monitoring Plan shall indicate relevant key performance indicators pertaining to the contemporary creative and cultural hub, such as:

(i) the timely commencement of operation and management of the transformed

Sites for the promotion of arts, cultural and creative industries,

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(ii) the timely establishment and disclosure of users guidelines for the Sites, (iii) the number of developed sub-tenants in art, cultural and creative industries, (iv) the number of start-up sub-tenants in art, cultural and creative industries, (v) the number of arts and cultural activities, (vi) the number of patronage visit by the public and overseas visitors, (vii) the state of satisfaction for management, operation and maintenance of the

Sites. 4.4 SUBMISSION TEAM AND IMPLEMENTATION TEAM 4.4.1 The Proponent shall provide in its Proposal: detailed information of project manager, consultants, specialists or technical

advisers engaged/ assisted in the preparation of its Proposal (“Submission Team”);

detailed information of key personnels of the Implementation Team; and an organization chart of each member of the Submission Team and

Implementation Team (with the duties of individual posts stated) and key managerial/professional staff (names, qualifications with dates, and experience).

4.4.2 The Government may consider bona fide changes to the composition of the Submission Team and the Implementation Team after the submission of the Proposal. All replacement team members must possess equivalent or better qualifications/experience than those originally submitted. 4.5 PROJECT IMPLEMENTATION TIMETABLE 4.5.1 The Proponents are required to take into account the Government’s objective that the Sites shall be brought into operation by mid-2016 and submit in their Proposals a project implementation timetable showing the duration and progress of major and critical business planning, marketing and promotion activities and other activities related to the timely commencement of operation of the Sites together with their inter-relationships (“Project Implementation Timetable”). The Project Implementation Timetable shall clearly identify the critical paths, different work stages and/or phases, milestones and key dates. 4.5.2 The Project Implementation Timetable shall also be accompanied by a narrative statement describing programme activities, assumptions and logistics, and highlighting Proponents’ perception of the major constraints and critical areas of concern in organization, planning, design, completion of the fitting out and

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furnishing of the Sites. 4.6 BANK ACCOUNT 4.6.1 The Successful Proponent shall keep a separate interest-bearing Hong Kong Dollar account with a bank licensed in Hong Kong solely and exclusively for processing all receipts and payments arising from the Project. Payments from that account shall be made by authorized representative(s) of the SPC. The SPC is required to provide documentary proof of such authorization. 4.6.2 All interest income generated from the project bank account set out in paragraph 4.6.1 above shall be ploughed back into the project. Under no circumstances shall the interest earned be applied for other uses outside the project. 4.7 TENANCY AGREEMENT 4.7.1 The Government will enter into the Tenancy Agreement with the SPC formed by the Successful Proponent tentatively before end-2015. 4.7.2 Under normal circumstances, the Government intends to offer the Successful Proponent an initial tenancy period of fixed term four years after completion of the government funded construction works. The tenancy period will commence from a date to be notified by the Government by giving reasonable prior notice to the Successful Proponent. The Successful Proponent shall take all necessary pre-operation commencement actions to ensure the successful commencement of operation as required in paragraph 4.9.3. 4.7.3 The Government will review the operation of the Project regularly. In the event that the Project is not operated to the satisfaction of the Government in accordance with the Tenancy Agreement (including failure to commence operation service within the said period in paragraph 4.9.3), the Government will request the Successful Proponent to rectify the situation, and in the event that the Successful Proponent fails to accede to the Government’s request within a specified period, the Government will decide whether to terminate the Tenancy Agreement and retake possession of the Sites. Compensation shall not be payable to the Successful Proponent under any circumstances.

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4.8 FACILITIES AND DESIGN LAYOUT PLAN 4.8.1 Proponents shall submit in their proposal a layout plan to show the proposed outline design for Site 2 and 3 within the given budget and their Business Plan. The Successful Proponent shall then carry out public engagement for the proposal and to gain support for its intended operation(s). The Government has consulted Kwun Tong District Council to seek members’ support on the Project, details of which can be found at http://www.districtcouncils.gov.hk/kt/doc/common/committee_meetings_doc/CRSC/CRSC_37.2014.pdf. 4.8.2 Funds generated from all activities are to be ploughed back into the Project for sustaining the overall operation of the Sites within the tenancy/renewed Tenancy Period. 4.8.3 The design and layout of Site 2 and 3 are expected to have a character similar to Site 1, especially in making them into open and welcome spaces for public enjoyment and with design elements that reflect the industrial background of Kwun Tong. Existing design of Site 1 should remain largely unchanged. 4.8.4 The Government (acting through EKEO, ArchSD and other government works departments) will further develop the schematic design of Site 2 and 3 together with the Successful Proponent into detailed design drawings for construction within the given budget. 4.9 MANAGEMENT OF THE SITES 4.9.1 The Successful Proponent shall be responsible for managing its daily operation, and for maintaining6 and keeping the Sites under its management in good repair and condition. 4.9.2 The Successful Proponent shall obtain all required permits, licences, approval and comply with the requirements imposed by the relevant Government bureaux, departments and authorities in connection with the occupation and use of the Sites under its management, including, without limitation, implementation of a Fire Safety Management Plan as approved by the Fire Services Department.

6 The Successful Proponent will be responsible for maintenance of the arts and cultural facilities except for the building structure, building services and electrical and mechanical installations constructed by the Government which will be maintained by Government.

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4.9.3 The Successful Proponent shall commence operation/service according to the Project Implementation Timetable within two months after the completion of the government funded construction works, unless otherwise approved by the Government. 4.10 FURNITURE AND EQUIPMENT 4.10.1 The Successful Proponent shall maintain a furniture and equipment register to account for all fixed assets with individual cost or value of $1,000 or above. 4.10.2 The Successful Proponent will hold the title to furniture, equipment, and items procured for the operation of the Project using its own funds. The Successful Proponent shall properly manage, take care and keep custody of fixture, furniture, equipment and items provided by Government works, acquired using the Project’s operating incomes, or donated or entrusted for the Project by third parties. These items shall be returned to the Government upon expiry of the Tenancy Agreement. 4.11 APPROVAL OF THE GOVERNMENT 4.11.1 During the Tenancy Period, the SPC shall seek prior approval from the Government (acting through the Advisory Committee) in writing for changes on the following aspects, or any other aspects which the Government considers may substantially deviate from the Proposal: agreed uses of the Sites programme and activities plans extent of open space allowing for free public access pricing strategy Business Plan the sub-letting/licensing arrangement the governance structure 4.11.2 In addition, any demolition, addition, installation, alteration, repair or any other works in respect of the Sites shall require prior approval of the Government in writing, and in particular to obtain prior approval and consent from ArchSD in writing before carrying out any building works.

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4.12 FINANCIAL MANAGEMENT 4.12.1 OPERATION OF THE SUCCESSFUL PROPONENT 4.12.1.1 The Successful Proponent shall be operated on a financially self-sustaining basis. All income generated from the Project, irrespective of whether it has been included in the Proposal, shall be reinvested in the Project and be accounted for with a view to being ploughed back to support continuation of the Project. The Successful Proponent shall not make donations and sponsorship not for the purpose of the Project unless with prior approval from the Government. 4.12.1.2 The Proponent may solicit donations from outside sources to meet pre-operating expenditures of the Project. Such sources of funding may come from private or public organizations, trusts or other legal entities. The Successful Proponent shall not commit any expenditure under the Project (unless such expenditure is to be met by the Successful Proponent) before the commencement of the Tenancy Period. 4.12.1.3 The operation of the Project should in principle be viable and sustainable on its own and should not rely primarily or heavily on donations and other forms of subsidy. However under special circumstances, e.g. during an extremely difficult period, donations can be regarded as a fallback of income. 4.12.1.4 The Project is expected to be financially self-sustaining on an on-going basis. It is intended that the commercial operations at the Sites will generate sufficient funds to cover the costs of operating, managing and maintaining the Sites, including provisions for life cycle asset replacement costs. Any excess revenue generating from rentals collected from commercial operations after deducting all expenses shall be used for supporting the Project. 4.12.1.5 The Government accepts no liability for deficits incurred by the Successful Proponent in relation to the Project and will not subsidize the operating expenses of the Project. The operating expenditure such as costs of sales, marketing and promotion costs, administrative costs, staff costs, repair and maintenance costs of Other Facilities, rents, utilities charges, insurance premiums and depreciation may be recovered from the operating income of the Project. 4.12.1.6 Surplus (if any) generated by the Successful Proponent shall be used for the Project and the further programme development for creativity, arts and culture and uses under the Tenancy Agreement. Funds generated from all activities are to

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be ploughed back into the Project for sustaining the overall operation of the Sites within the Tenancy/renewed Tenancy Period. The Successful Proponent must return any net operating surplus (after excluding non-cash items such as depreciation and other expenditure items not recognized for the purpose of calculating the net operating surplus such as penalties and fines for breaking the laws) arising from the operation of the Project to the Government at the end of the Tenancy Agreement. Any operating deficits shall be met by the Successful Proponent. The Government accepts no liability for deficits arising from the Project upon dissolution of the SPC (e.g. on the expiry of the tenancy). 4.12.1.7 The Successful Proponent shall be responsible for the capital costs of Other Facilities, the pre-operating expenditure including fitting out and furnishing of the Sites, the operating expenditure, as well as any rents and services for operation of the Project. The Government Facilities at the Sites that are built by the Government will be maintained by the Government. 4.12.1.8 The Successful Proponent shall maintain separate proper books of accounts and records of the Project. The Successful Proponent must disclose to the Government within two months following the occurrence of monetary transactions/donations that exceed a threshold amount of HK$500,000 per transaction item, and allow the Government (including its officers, employees, consultants, and agents) to inspect the relevant records as requested by the Government. When so requested in writing by the Government, the Successful Proponent must satisfy the Government’s request for inspection within two months following the request. The Successful Proponent shall keep its books of accounts and records for inspection and may only be destroyed at least seven years after the end of the financial year in which the entry occurred. 4.12.1.9 The Successful Proponent shall have excellent financial and operational capabilities, leading to dependable financial results and contributing to the success of its operation. The Successful Proponent shall manage sales and collect revenues from its self-managing business including, for example exhibitions, performances, programmes, operations and merchandising. The Successful Proponent shall secure funding sources to ensure the long-term sustainability of its financial model. 4.13 BUSINESS PLAN AND FINANCIAL PLAN 4.13.1 The Proponent shall submit in its Proposal a robust and viable Business Plan as per paragraph 5.1.3 and demonstrate its financial viability. The business model devised by the Successful Proponent should include:

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• a holistic programme for creativity, arts and culture with an established and

executable programme schedule, and the underlying rationale for the programme planning and schedule;

• an achievable financing plan with reliable funding sources identified and

described by item; • a detail cost plan and effective control mechanism with policy on cost control

and measures; and • an effective deployment of resources, particularly, in the case of a JV proponent. 4.14 MONITORING MECHANISM 4.14.1 Annual Report and Four-Year Rolling Business Plan The Successful Proponent shall submit to the Government an annual budget and a four-year rolling business plan (with financial projection) from year to year at least four months in advance of the beginning of every financial year for consideration and agreement by the Government. 4.14.2 Regular Progress Reports and Final Evaluation Report (a) The Successful Proponent shall submit to the Government the following reports on the Project covering the period from commencement of operation of the Project up to the expiry of the Tenancy Agreement:

(i) mid-year progress reports (including financial reports and cash-flow statements) – to be submitted within two months following the end of the six-month period; (ii) annual reports (including annual audited financial statements) – to be submitted within four months following the end of the accounting period; and (iii) final evaluation report (including the final audited accounts) – to be submitted within four months following the expiry or early termination of the Project or the Tenancy Agreement, whichever is the earlier.

(b) The annual reports and the final evaluation report shall contain the audited accounts and auditor reports. Failure to submit a report or submission of reports containing insufficient, incomplete or false information may result in termination of

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the Tenancy Agreement. (c) Customer satisfaction surveys shall be conducted by the Successful Proponent and reports thereon submitted to the Government on a half-yearly basis. The submission shall include the number of customers, satisfaction indicators and a review identifying areas for improvement in facilitating public enjoyment and appreciation of the programmes and activities. 4.14.3 Audited Financial Statement (a) The Successful Proponent shall submit annual audited financial statement. The accounts must contain an auditors’ report, statement of financial position, statement of comprehensive income, statement of cash flows and notes to accounts. All such accounts must have been audited by a certified public accountant. (b) The Successful Proponent shall submit (i) audited accounts within four months following the end of the accounting period, and (ii) final audited statement of the Project no later than four months following the expiry of the Tenancy Agreement or premature termination of the Tenancy Agreement.

(c) The Successful Proponent shall appoint its own auditors. 4.14.4 Visits and Progress Review Meetings Members of the Advisory Committee, EKEO, Government officials from relevant bureaux, departments or organizations authorized by the Government or other parties specified by the Government may conduct visits to the Sites. If so requested by the Government, the Successful Proponent shall arrange progress review to examine the progress and level of achievement of the Project. The Successful Proponent shall assist in arranging such visits and meetings. 4.15. SUB-LETTING, PROCUREMENT AND STAFF EMPLOYMENT 4.15.1 The Successful Proponent shall exercise utmost prudence and care in sub-letting of the Sites and procuring equipment, goods or services in relation to the Project. It should ensure that the sub-letting of the Sites and procurement of goods or services of any value in relation to the Project are made in an open, fair and competitive manner and only from those persons who are not its Associates or Associated Persons, unless the Government has otherwise approved in writing, in order to ensure openness, fairness, competitiveness and value for money. The

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Successful Proponent shall formulate comprehensive sub-letting strategy, procurement procedures covering, among other things, the requirement for its staff to declare conflict of interest, sourcing of suppliers/ service providers, monitoring of irregularities such as unnecessary procurement, bogus bids, etc., conduct annual external audits on its compliance with the procedures with the auditors’ reports submitted direct to the Government for information, and adhere to the following procedures unless prior agreement has been obtained from the Government in writing – (a) for every procurement with an aggregate value of HK$5,000 or more but not exceeding HK$50,000, quotations from at least two suppliers shall be obtained; (b) for every procurement with an aggregate value of HK$50,000 or more but not exceeding HK$500,000, quotation from at least five suppliers shall be obtained; (c) for every procurement with an aggregate value of HK$500,000 or more, open tendering shall be used; and (d) for procurement of goods and services, the Successful Proponent shall select the supplier that has submitted the lowest bid. If the lowest bid is not selected, full justifications must be given and properly recorded for subsequent auditing purpose. 4.15.2 For sub-letting of the Sites, the Successful Proponent shall assess the tenders on price only. Marking schemes, if proposed for tender evaluation, shall only be approved subject to the approving authority being satisfied that the use of marking schemes and hence a less than 100% price weighting is justified. If the highest bid is not selected, full justifications must be given and properly recorded for subsequent auditing purpose. 4.15.3 The Successful Proponent shall keep all quotations and tendering documents in relation to the Project for inspection by the Government and the Director of Audit of the Government for at least seven years after the completion of the Project or termination of the Tenancy Agreement. 4.15.4 For staff to be engaged for the Project, the principles of openness, fairness and competitiveness shall be strictly observed throughout the recruitment process. The level of pay shall be on par with the general market level and the employment terms shall comply with the Employment Ordinance (Cap. 57) and any other relevant ordinances. The statutory minimum wage requirement as stipulated in the Minimum Wage Ordinance (Cap. 608) must be observed.

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4.15.5 Including but not limited to procurement of goods and services, sub-letting of the Sites and recruitment, the Successful Proponent shall prevent any situation of conflict of interest from arising. 4.15.6 If considered necessary by the Government, the Independent Commission Against Corruption (“ICAC”) may be requested to examine the management and control procedures of the Successful Proponent with a view to providing corruption prevention advice to ensure the proper use of funds and resources. In such case, the Successful Proponent shall render necessary assistance to the ICAC. A code of conduct setting out the standards of behavior expected of the directors and employees of the SPC shall be drawn up by the Successful Proponent. 4.15.7 It is the responsibility of the Successful Proponent to ensure that its management and staff comply with the requirements of the Prevention of Bribery Ordinance (Cap. 201). 4.16 FITTING OUT AND FURNISHING OF THE SITES 4.16.1 On engagement of consultants and contractors, the Successful Proponent shall:

(a) appoint a lead consultant and quantity surveying consultant on the Government’s lists of “Architectural and Associated Consultants Selection Board (“AACSB”)” and “Engineering and Associated Consultants Selection Board (“EACSB”)” respectively to carry out the furnishing works; and (b) a Registered General Building Contractor registered under the Buildings Ordinance (Cap.123); and

4.16.2 Within one month from the issuance of AIP by the Government, the Successful Proponent shall submit to the Government in the detailed project implementation timetable as per paragraph 4.3.1(b), a master programme for the delivery of the furnishing works with all the milestones and key dates incorporated to the Government for reference. After entering the Sites for mobilization and execution of fitting out and furnishing works, the Successful Proponent shall submit monthly progress reports of the fitting out and furnishing works to the Government for monitoring. The Government acting through EKEO will appoint other Government departments or organizations to assist in carrying out the monitoring works. The Successful Proponent shall supply whatever

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information as deemed necessary by the relevant Government departments or organizations, including but not limited to professional and public officers of ArchSD, the Electrical and Mechanical Services Department, Highways Department and allow them to carry out site inspection works as necessary in order to enable them to discharge their duties effectively in monitoring the Successful Proponent’s deliverables and service as pledged in its Proposal. In carrying out their monitoring works, the relevant Government departments or organizations may enter into direct dialogue with the Successful Proponent or its consultants and the Successful Proponent shall facilitate such. 4.16.3 Apart from paragraphs 4.16.1 and 4.16.2 above, the Successful Proponent is required to follow other licensing requirements, codes of practice, technical memorandum, schemes, guidelines and procedures as advised by the Government. 4.16.4 Upkeeping of the Sites The Successful Proponent is also required to comply with the monitoring arrangement stated in paragraph 4.16.2 for the deliverables and the service relating to the upkeeping of the Sites as specified in the Proposal. 4.17 INSURANCE 4.17.1 The Successful Proponent shall procure appropriate insurance policies. It is required to indemnify the Government against any claim that may arise during the fitting out, furnishing of the Sites and operation of the Project throughout the Tenancy Period. 4.17.2 In particular, the Successful Proponent shall obtain and maintain employee compensation insurance and relevant insurance policies associated with running programmes for creativity, arts and culture, and obtain and maintain appropriate third party liability insurance and property damage insurance for the occupation, use and operation of the Sites. 4.18 OPERATION, MANAGEMENT AND MAINTENANCE 4.18.1 GENERAL 4.18.1.1 The Successful Proponent shall operate, maintain and manage the Sites for the Tenancy Period. The proposed programme and activities should be able to assist the development and establishments of individual creative talents as well as

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the creative industries at large, and should be accessible and attractive to citizens and visitors. 4.18.2 TRAFFIC, SECURITY AND CROWD CONTROL MANAGEMENT 4.18.2.1 The Successful Proponent must give due consideration to the effective overall traffic, security and crowd control management in the operation phase of the Sites. 4.18.2.2 The Proponents shall submit a preliminary plan covering the above aspect in their Proposals. 4.18.3 MAINTENANCE STRATEGY FOR THE SITES 4.18.3.1 The Successful Proponent shall be responsible for all maintenance works within the Sites except for the building structures, building services, electrical and mechanical installations and drainage facilities within drainage reserves constructed by the Government which will be maintained by the Government throughout the Tenancy Period. The Successful Proponent shall allow relevant Government departments and utility companies to enter into the Sites for regular maintenance of associated structures and services. The Sites are located in a prime area, it is important that the appearance and finishing of the exterior and interior of the buildings including All Facilities therein should be properly maintained. 4.18.3.2 All maintenance works shall be carried out properly and adequately so as to ensure that the Sites are kept in a reliable, safe and serviceable condition to the satisfaction of the Government; and that they may thereafter be kept in a reliable, safe and serviceable condition for the remainder of their respective design lives. 4.18.3.3 Any such maintenance works shall be carried out to a standard, with which the Government is satisfied for arts, cultural and creative industries, development of landscaped open space, tree preservation, etc. prevailing at the time such works are carried out. 4.18.3.4 All Facilities and equipment shall be maintained in accordance with the specifications as published by the manufacturer at the time of manufacturing.

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4.19. PROGRAMMES FOR CREATIVITY, ARTS AND CULTURE 4.19.1 The Successful Proponent shall design, plan and execute high quality innovative and interesting programmes for creativity, arts and culture throughout the year. The programme must include, in each year, at least two territorial events and four other events of local scale and of standards that are comparable to those organized in other major international cities. The Successful Proponent shall, where appropriate, attract international creative art talents to Hong Kong through quality creative, arts and cultural programmes, performances and events as well as provide opportunities for locally based creative talents. 4.19.2 The Successful Proponent shall propose and develop its own strategy, positioning, content and the synergistic integration of the creativity, arts and culture under Kwun Tong Bypass. Subject to compliance with all applicable laws, the Successful Proponent shall be artistically free to plan, choose, design and run programmes and demonstrate that its plans and programmes are aligned with the overall vision and mission of the project. The Sites are an integral part of Kwun Tong’s waterfront story, the focus of the programmes will be bringing vibrancy to the Kwun Tong waterfront; therefore it should be implemented by a lively schedule of performing arts that appeals to a wide cross section of audiences, including the less privileged. The Successful Proponent shall deliver a robust programme for public enjoyment and provide interpretation facilities which help raise the level of interest and the appreciation of creativity, arts and culture by different community segments. 4.19.3 The Successful Proponent shall ensure that its pricing strategy, including those to be adopted by its sub-tenants/licensees will not be contrary to the Objective and aim of the Project. 4.19.4 The Successful Proponent shall develop a vigorous audience development programme and customer relations management plans to develop and sustain the level of interest of the local community and visitors in the programme of creativity, arts and culture. 4.19.5 In delivering the programmes, the Successful Proponent shall be responsible for designing, purchasing, installing, operating, maintaining and dismantling the relevant hardware and software installations and settings required for the delivery of the programmes; obtaining relevant licenses in connection with the programmes; and managing the events and activities properly and safely.

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4.19.6 The Successful Proponent shall organize events such as but not limited to exhibitions, performances, workshops and seminars. The Successful Proponent shall also assist EKEO to provide access for guided tours for EKEO’s visitors. Such guided tours by EKEO will include the facilities under the Successful Proponent’s management. As a reference, EKEO received about 90 visitor groups in 2013. Furthermore, the Successful Proponent is required to arrange at least two open days over weekends every year at the Sites for the public. The guided tours by EKEO and open days by the Successful Proponent will be free-of-charge to visitors. The Successful Proponent shall make available relevant facilities for the public to participate in the guided tours and open day. 4.19.7 The Successful Proponent shall allow the Government to use Site 1 free-of-charge up to 15 days (mainly weekends and public holidays) per year during the tenancy period to hold EKEO’s supported events such as those by NPOs. An existing Management Team7 for Place Making Events along Kwun Tong Waterfront will continue to steer and consider place making activities supported by EKEO to bring vibrancy and diversity to the waterfront. 4.19.8 In addition to the open days, the Successful Proponent shall plan, coordinate and develop creative and dynamic engagement programmes to extend its reach and connectivity with the community. Such programmes may include ambassador, volunteer schemes, on-line communications, social media and other outreach activities which may be conducted in collaboration with EKEO and non-government organisations in the community. The Successful Proponent should seek to engage the local community in its programmes and activities wherever appropriate. 4.20 PUBLIC EDUCATION, ART TALENT DEVELOPMENT PROGRAMMES AND MARKETING 4.20.1 The Successful Proponent shall play an important part in enhancing the public’s understanding and appreciation of contemporary art, sharing knowledge and developing professional programmes for art talents. It is envisioned that the Sites will become an alternative platform for knowledge sharing, interaction and co-creation for the creative industries in Hong Kong. The Successful Proponent shall develop and integrate a quality education component in its contemporary art provisions through organizing: 7 The Management Team is composed of members from Energizing Kowloon East Office, Cultural Services Branch of Leisure and Cultural Services Department, Home Affairs Department and Hong Kong Arts Development Council.

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(a) Public education activities and outreach programmes, to engage and enable different target groups in the community (including the less privileged) to increase their interest in and understanding of contemporary art and derive the benefits of contemporary art learning; and (b) Art talent development programmes, including opportunities for local talents to collaborate with their international counterparts to enhance their exposure and develop their skills, with a view to nurturing and grooming a new generation of talents in the art field of Hong Kong. 4.20.2 The Successful Proponent shall work closely with contemporary art organizations, schools, universities and other cultural/ educational establishments in and outside Hong Kong. The public education and art talent development programmes shall include but not be limited to exhibitions, performances, workshops, participatory sessions, courses, seminars, talks, attachments, shadowing and other learning experiences. The Successful Proponent shall develop educational materials on its own or in partnership with the aforementioned organizations and parties. 4.20.3 The Successful Proponent shall be responsible for organizing, coordinating and managing public relations, marketing and marketing promotion of its organized programmes for creativity, arts and culture as well as educational and outreach programmes. 4.20.4 The Successful Proponent shall be responsible for the marketing, promotion and sub-letting/licensing of the Sites.

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5 PREPARATION AND SUBMISSION OF PROPOSALS 5.1 PREPARATION OF PROPOSAL 5.1.1 Interested parties are invited to respond to the IFP by submitting a Proposal

as set out in this paragraph 5. Contents of Proposal 5.1.2 The Proposal shall comprise the following information and documents duly

completed and signed and the information/documents requested therein:

(a) Appendix 2: Basic Information And Track Record (b) Appendix 3: Operation Of The Sites Appendix 3(A): Programming Strategies And Plans For Creativity, Arts and

Culture Appendix 3(B): Layout Design, Strategies And Plans For Creativity, Arts And

Culture Appendix 3(C): Management Capacity And Governance (c) Appendix 4a: Business Plan (please refer to paragraph 5.1.3) (d) Appendix 4b: Projected Income And Expenditure Statement (e) Appendix 4c: Assumptions And Bases Of Calculation Of Income And Cost

Of Sales Of Each Income Type (f) Appendix 4d: Demand For Service(s) To Be Provided (g) Appendix 4e: Key Assumptions And Bases of Calculation On Expenditure

Items (h) Appendix 4f: Staff Cost Projection (i) Appendix 4g: Cost Control Measures (j) Appendix 4h: Financial Viability and Sustainability (k) Appendix 4i: Checklist On Financial Information

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(l) Appendix 5: Letter(s) Of Support – as required under paragraph 2 of Appendix 3(C)(III)

(m) Appendix 6: Undertakings To Performance Guarantee - as required under

paragraph 5.5. (n) Appendix 7: Form Of Declaration (o) Documentary proof on eligibility of the Proponent and all its members if

applicable (please refer to paragraphs 4.1.1) (p) Organization chart of the current organization of the Proponent and all its

members if applicable (q) Incorporation documents of the SPC, if applicable (including Certificate of

the Incorporation and Articles of Association) and approval or application for approval of tax exemption under Section 88 of the Inland Revenue Ordinance (Cap.112)

(r) A complete organization chart of the SPC (s) Organization chart of the Submission Team (t) Organization chart of the Implementation Team (u) Organization chart of all staff required to be recruited to operate, manage

and maintain the Sites (v) Mood boards, artists’ impressions, floor plans, relevant drawings and/or

any other effective means as deemed appropriate, to illustrate the design and concept of the Sites, the programmes and activities

(w) Sample materials of successful projects in the last three years undertaken

by the Proponent and all of its members if applicable (x) Audited accounts of the Proponent and all of its members if applicable for

the past three financial years

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Business Plan 5.1.3 Proponents shall take note of the following principles when formulating their Business Plans: (a) the Successful Proponent should not only manage the Sites, but should also champion the vision, composition and operation of the Sites. The success of the Sites as a contemporary creative and cultural hub will depend on the vision and management of the Successful Proponent. Management of the Sites rely on the experience, skills and creativity of the Successful Proponent which should not only be responsible for the maintenance of the Sites, but should more importantly take the role of leadership and liaison with the occupants and users of the Sites; (b) the Sites are public spaces, it should contain elements catering to public needs, to enshrine the civic virtues of the Sites. The Successful Proponent should therefore put up creative programmes and activities which aim at attracting public patronage and participation and are intended to stimulate creativity within the community. The Successful Proponent should ensure that the Sites, as a contemporary creative and cultural hub, will always be welcoming and friendly to the public, whether or not they are customers for the commercial elements of the Sites. Commercial interests should always be balanced by public and creative interests, as such balance is essential for the success of the Sites not only as a business but also as a public space and the engine to drive the development of creative industries; (c) the proposed mix of different uses within the Sites should take into consideration the demand for services and staffing, analysis of the market, business, pricing and marketing strategies, compatibility with the existing and planned facilities of and around the Sites, financial viability, needs of creative talents, citizens, tourists, visitors;

(d) given the excellent location of the Sites along the Kwun Tong waterfront, the Project should take advantage of its potential in working together with the promenade, and synergize the surrounding area to bring vibrancy to the waterfront to achieve a good multiplying effect; and (e) the primary objective of the Sites is to build a contemporary creative and cultural hub. The relationship and role of the hub and its occupants and users should not be purely commercial. Instead, the Successful Proponent and the occupants and users should work closely as a team in promoting their businesses

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and creativity by those between their cooperation and conglomeration. Briefing Session 5.1.4 EKEO will organize a briefing session on 12 November 2014 for the IFP exercise. Interested parties can register their attendance by returning the reply slip to EKEO on or before 7 November 2014. The reply slip is available at the website of EKEO, www.ekeo.gov.hk (“Website”). Manner of Submission 5.1.5 Proponent shall submit: (a) the original plus seven copies of the Proposal in hard copy, the original copy

should be marked ‘original’ ; and

(b) a disk copy (soft copy) of the Proposal together with an additional soft copy of the completed Table 3 and 4 in paragraph 1 of Appendix 3(B)(V), Appendices 4b, 4c, and 4f in Microsoft Excel format with calculations and formulae provided. The hard copy marked ‘original’ will be followed in the event of any inconsistency amongst the copies submitted.

5.1.6 The Proposal should be marked:

“Confidential – Response to the IFP, Creativity, Arts and Culture under Kwun Tong Bypass, Operator for Three Sites under Kwun Tong Bypass”

and must be deposited in the return box no later than 2:30pm Hong Kong time on 9 January 2015 (“Closing Date”) at the following address:

Energizing Kowloon East Office 122 Hoi Bun Road, Kwun Tong, Kowloon (Attn: Head/EKEO)

5.1.7 If a Black Rainstorm Signal is issued or Typhoon Signal No. 8 or above is hoisted or remains in force at any point of time between 9:00am and 2:30pm on the Closing Date, the Closing Date will be extended to 2:30pm on the next working day. A working day means Monday to Friday except public holidays. Late submissions

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will not be considered or accepted by EKEO. 5.1.8 Each Proponent or each member of the cooperating party (in case of a joint application) shall not submit more than one proposal. 5.2 AMENDMENTS TO PROPOSAL 5.2.1 After the Closing Date, Proponents will not be allowed to make any amendment to the submitted Proposals, except for seeking the consent of the Government for changes to the shareholding or consortium or JV arrangement of the SPC in accordance with paragraph 4.1.4 above. 5.3 VALIDITY PERIOD 5.3.1 Proponents may withdraw their submitted Proposals at any time before the Closing Date by giving notice in writing to the Government. No withdrawal will be permitted after the Closing Date. Proponents shall be bound to keep their Proposals open for acceptance by their Proposals for a period of nine calendar months from and including the Closing Date (or such longer period as may be agreed in writing) (“Validity Period”). The Government may accept a Proposal at any time within the Validity Period. Proponents who do not receive any notification within the Validity Period shall assume that their Proposals have not been accepted. 5.4 USE OF INFORMATION AND DATA 5.4.1 The Government shall have the right to disclose, without further reference to the Successful Proponent, whenever it considers appropriate or upon request (written or otherwise) by any third party information in respect of the Proposals and the Project (as well as related information). In submitting a Proposal, each Proponent irrevocably and unconditionally authorises the Government to make and consents to the Government making any of the disclosure aforesaid. 5.5 FINANCIAL GUARANTEES, UNDERTAKINGS AND INDEMNITIES 5.5.1 The Government may require, inter alia, undertakings from the Successful Proponent and/or other interested parties (including without limitation where the Successful Proponent is a joint venture company, the shareholders, its respective holding companies, and its guarantors as described below). The Government expects such undertakings to take the form of non-assignable guarantees, undertakings and indemnities to be given directly to the Government, on a joint and

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several basis. Such guarantees, undertakings and indemnities may include, inter alia – (a) guarantee/undertaking whereby the Successful Proponent and/or other interested parties and/or financial institutions guarantee/undertake that the Sites will be furnished, operated, managed and maintained throughout the Tenancy Period in accordance with the Tenancy Agreement; and (b) an indemnity from the Successful Proponent and/or other interested parties and/or financial institutions to indemnify the Government against any costs, expenses, damages and liabilities incurred by the Government arising out of or in connection with (i) any re-issue of the IFP, re-tender, assignment or transfer of the Project to any third party upon revocation or termination of the Tenancy Agreement due to the default of the Successful Proponent and/or its guarantor and (ii) the performance or breach of the Tenancy Agreement. 5.5.2 Proponents are required to provide details of such guarantees, undertakings and indemnities if selected. Any guarantees, undertakings and indemnities offered must be maintained in force until the SPC has duly performed all its obligations under the Tenancy Agreement. The Government reserves the right to decide whether the guarantor (which has to be financially capable) is acceptable and to disqualify any applications concerned which fail to meet the Government’s requirements. 5.6 INTELLECTUAL PROPERTY RIGHTS 5.6.1 All copyrights and other intellectual property rights in the IFP (save and except for third party copyright works) are vested in the Government upon their creation. Unless the prior consent of the Government in writing is obtained, Proponents shall not copy, adapt, modify or otherwise use the IFP or any part of it. The Government hereby grants to Proponents a revocable, non-transferable and non-exclusive license to copy, adapt, modify or otherwise use the works contained in the IFP for the sole purpose of submitting a Proposal. The license hereby granted shall terminate automatically upon the Government’s notification to that effect in the Gazette or upon execution of the AIP whichever shall first occur. 5.6.2 Apart from the intellectual property in the works contained in the IFP the rights to which have been granted to Proponents on the terms of the license under paragraph 5.6.1, all works contained in the Proposals either shall be the original works of Proponents or shall not contain any materials infringing any third party

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intellectual property rights. Proponents shall indemnify and keep the Government fully and effectively indemnified against all costs, claims, demands, expenses and liabilities of whatsoever nature arising from or incurred by reason of any such infringement or alleged infringement. 5.6.3 Proponents shall grant, or procure that the owner of the intellectual property rights grants, to the Government an exclusive, worldwide, freely transferable, sub-licensable, royalty-free and irrevocable license (including sub-license as may be appropriate) to copy, display, exhibit, publish, adapt, modify or otherwise use the works contained in the Proposal and all intellectual property rights therein including without limitation copyright, patents, designs, trademarks and topography rights (whether registered or unregistered and wherever arising) subsisting in the Proposals, including any parts thereof, for all purposes in respect of or in connection with the Project. 5.6.4 The license granted to the Government under paragraph 5.6.3 shall be granted free of costs or fees with effect from the date of submission of Proposals and shall remain in effect perpetually or until the expiry of the maximum term of protection capable in law of subsisting in such license. Proponents, including the Proponent, shall as soon as possible upon the request of the Government do all things and execute all such further instruments or documents for the purpose of conferring the said rights and interests on the Government. 5.6.5 Any assignment made by the owners of the intellectual property rights subsisting in the Proposal shall be subject to the license of the Government set out in paragraph 5.6.4. The owners shall also impose obligation(s) on the assignees regarding their subsequent assignment(s) of such intellectual property rights to be made subject to the license of the Government to the intent that such obligation(s) shall apply to all subsequent assignees. 5.7 LOSS OR DAMAGE OF PROPOSALS 5.7.1 The Government shall be under no obligation to provide insurance for the Proposals and/or to provide compensation to any Proponents in the event of loss or damage to any or all of the Proposals or parts thereof. The Government is not under any obligation to retain or return any Proposal to Proponents.

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6 ASSESSMENT OF PROPOSALS 6.1 GENERAL 6.1.1 Proponents shall ensure that their Proposals cover all aspects as required by the IFP. Proposals containing false or misleading statements may be rejected if such information is intended to misguide the assessment of the Proposal. 6.1.2 There will be two rounds of selection. The first round selection will be conducted to shortlist Proposals based on the information provided in the Proposals. Proponents that have passed the first round selection will proceed to the second round selection in which the Proponents will be invited to provide further information and/or answer questions on their Proposals raised by the Government. 6.1.3 By submitting its Proposal to the IFP, the Proponent agrees that the Government may approach the referees provided by the Proponent to facilitate the Government to understand about the Proponent. 6.2 ASSESSMENT 6.2.1 The Government will take into account the following areas in its assessment of the Proposals: A Programming Strategies and Plans for Creativity, Arts and Culture (30%) [Appendix 3(A)] • Alignment with vision, mission, values and positioning of the Project • Programmes and activities • Public accessibility, arrangement for open days, community engagement and

audience building • Public education and arts talent development programme

B Layout Design, Strategies and Plans for Creativity, Arts and Culture (30%) [Appendix 3(B) except 3(B)(V)1 Table 3 and 4] • Alignment of the site layout with the strategies, plans and theme of the Project • Flexibility of site layout • Sustainability of site layout • Public engagement for intended operation(s) • Proposed design and construction cost and the expected construction period

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• Branding of the Sites C Financial Capability, Business Viability and Financial Plans of the proposed programme (20%) [Appendix 3(B)(V)1 Table 3 and 4, Appendix 3(C), Appendix 4a to 4i and Appendix 6] • Business plan. Proponents shall take note of the principles detailed in

paragraph 5.1.3 when formulating the Business Plan. • Projected income and expenditure statement • Assumptions and bases of calculation of income and cost of sales by income

type • Demand for service(s) to be provided • Key assumptions and bases of calculation on expenditure items • Staff cost projection • Cost control measures • Cost of fitting out works • Starting costs • Financial viability and sustainability • Checklist on financial information • Undertakings to performance guarantee D Track record, management capacity and governance (20%) [Appendix 2(II), 2(III), 2(IV), 2(V) and Appendix 3(C)] • Background of the Proponent • Track record in programme delivery • Financial performance • Management capacity • Governance standards • Management resources, traffic, security and crowd control capability • Internal and external collaborative capacity and skills 6.2.2 Each area of assessment has a pass mark of 60% of the weighting assigned to the respective areas. Proponents must attain a pass mark in each area of assessment to be qualified for second round selection. 6.2.3 Proponents that have passed the first round selection can proceed to the second round selection.

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6.2.4 Proponents selected for the second round selection will be asked to clarify any information or ambiguity in their Proposals. Proponents are obliged to reply promptly and provide all information/clarifications requested. All communications with the Government must be in writing. 6.2.5 Proponents may also be required to attend an in-depth interview to present their Proposals before the Advisory Committee. In addition, the Advisory Committee may visit the Proponents’ facilities/ service sites of relevance to the Proponent’s proposed management team’s experience, capability and quality of works and service described in the Proposals. The interview (if applicable), presentation and the visit will form part of the assessment. 6.2.6 Any Proposal from the Proponents will be subject to the assessment and recommendations by the Advisory Committee. For IFP assessment purpose, Proposals with variation in respect of the design and construction works as well as capital funding arrangement as set out in paragraph 2.2.6 will not be given any advantage. 6.2.7 The Advisory Committee will make a recommendation to the Secretary of Development on the selection of the Successful Proponent. The Secretary of Development will make the final decision on the selection of the Successful Proponent. The Successful Proponent is expected to be announced in the first quarter of 2015. 6.3 CLARIFICATION AND NEGOTIATION 6.3.1 The Government may, but shall not be obliged to, request Proponents to make clarification of any part of their Proposals (or submit missing information or documents except missing information or items where it is stated that a Proponent's failure to submit on or before the Closing Date will lead to disqualification or result in its Proposal not being considered further) as it may reasonably require in connection with the Proposal. Each Proponent shall submit such clarification, information or document in a manner as specified in the request. A Proposal will not be considered if the requested clarification or missing information or document is not provided in accordance with the request, or in the case of clarification, such clarification is not acceptable to the Government. As an alternative to seeking clarification of the Proposal, the Government may, at its discretion proceed to evaluate the Proposal on an as-is basis. The Government reserves the right to incorporate such additional information or any part thereof into the Tenancy Agreement and in such manner as the Government thinks appropriate and to make

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such changes to the Tenancy Agreement as may be necessary as a result of such incorporation. 6.3.2 The Government reserves the right to negotiate with any Proponent the terms of its Proposal or the terms and conditions of the Tenancy Agreement. 6.4 NOTIFICATION OF RESULTS 6.4.1 Proponents will be notified of the outcome of the first-round selection after the Advisory Committee has completed its deliberation. 6.4.2 Under normal circumstances, Proponents will be notified of the outcome of the second-round selection within two to three months after the receipt of all information required for the second-round selection. 6.4.3 If a Proponent is selected to be the Successful Proponent, it will be notified of the selection by a letter (“Approval-in-principle” or “AIP”) to the effect that the Government in principle accepts the Proposal subject to the Proponent’s compliance with conditions as specified therein. In the event that the Proponent fails to satisfy the conditions by the times specified in the AIP, the AIP will become void and be of no further effect. The Government will disqualify the Proponent concerned and the Government, may, but is not obliged to, award the Tenancy Agreement to another Proponent. No compensation will be payable to the Proponent under any circumstances. 6.4.4 Upon granting of the AIP, the Successful Proponent, if not already a SPC, shall set up a SPC which must also be exempted from tax under Section 88 of the Inland Revenue Ordinance (Cap. 112) for the sole purpose of the Project as per paragraph 4.1.2. 6.4.5 The Government is not bound to accept any Proposal and reserves the right to announce the results of the IFP and to disclose the identity of the Successful Proponent without any further reference to the Successful Proponent. The Government is not bound to give any reasons for accepting or not accepting any Proposal. 6.4.6 Proponents must note that there are no binding contracts between the Government and the Successful Proponent unless and until the Tenancy Agreement has been executed by the Government and the Successful Proponent.

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6.5 TIMETABLE 6.5.1 The key events and planned dates related to the selection process are summarized as follows:

Event Tentative Date Invitation for Proposal 31 October 2014 Briefing 12 November 2014 Closing Date 9 January 2015 Interview(s) February to March 2015 Selection of Operator (Granting of AIP)

The first quarter of 2015

Commencement of construction work The third quarter of 2015 Completion of construction work The first quarter of 2016 Operation of the Project Mid-2016

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7 LEGAL MATTERS 7.1 LEGAL FRAMEWORK 7.1.1 The following will constitute the legal framework for determining the rights and obligations of the Successful Proponent and the Government in relation to the delivery of the Project – (a) the AIP; (b) an agreement setting out the terms on which the Government shall let the Sites to the SPC for operation and management of the same, including their respect rights and obligations with respect to the Project (“Tenancy Agreement”); (c) the statutory and other legal requirements; (d) the guarantees, undertakings and indemnities; and (e) any other requirement or agreement that may be deemed necessary by the Government. 7.2 APPROVAL-IN-PRINCIPLE 7.2.1 The Government will issue an AIP to the Successful Proponent following the selection of the Successful Proponent by the Advisory Committee as referred to in paragraph 6.4.3. 7.2.2 The Successful Proponent shall submit to the Government for vetting/ approval details as set out in paragraph 4.3.1(b) and 4.16.2 within one month of the Government’s issue of the AIP. 7.3 TENANCY AGREEMENT 7.3.1 The Successful Proponent shall set up a SPC and sign the Tenancy Agreement with the Government and comply with all the terms and conditions laid down therein, this document and all instructions and correspondence issued by the Advisory Committee or the Government from time to time in respect of the Project and any other matter related thereto. 7.3.2 Major Aspects of the Tenancy Agreement The issues set out below will be covered in the Tenancy Agreement:

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(a) Rent The SPC will be charged a nominal rent of an amount equal to HK$1.00 per annum for the Sites under its management. (b) Assignment and Disposal (1) The SPC shall not be entitled to assign, charge, mortgage, sub-grant or sub-let

any part of the Site(s) or by any other means dispose of its rights and obligations under the Tenancy Agreement, including the revenue and proceeds arising from or incidental thereto.

(2) The Government will however provide the SPC with the following support with

respect to its right to use the Sites:

Subject to the Government’s prior written approval, the SPC may license/ sub-let (i.e. rent out and charge rents/ fees for the use of part of the buildings on a suitable term, not longer than the SPC’s tenancy period) part of the Sites for arts and cultural activities and for use by the creative industry, e.g. creative business and practitioners. However, no sub-letting of the entire Sites in whole shall be allowed. A common sense approach and a proportionally test will be adopted in assessing the applications and on the merit of each case. The following will be taken into account:

• percentage of gross floor area (GFA) / site area (the larger the percentage, the

less desirable); • duration involved (the longer the duration, the less desirable); • importance of such component in the overall Proposal (must be of secondary

importance)

(3) The SPC shall select licensees through open and competitive means to enhance fairness and impose probity clauses as licensing conditions, inter alia, other relevant conditions. The SPC, upon demand of the Government in writing, shall provide the Government with documentary proof of its compliance on the aforesaid selection method of licensees/ sub-tenants and condition of licensing/ sub-letting agreements which shall include but not limited to selection policies/ methods/ records for licensees/ sub-tenants and licensing/ sub-letting agreements.

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(c) Premature Termination of the Tenancy Agreement Prior approval from the Government in writing is required for premature termination of the Tenancy Agreement for any reason before the expiry of the Tenancy Period. No compensation will be payable to the SPC under any circumstances.

(d) Termination of the Tenancy Agreement (1) The Government shall be entitled to terminate the Tenancy Agreement if the SPC,

inter alia: (i) fails to implement the fitting out and furnishing in accordance with the Project Implementation Timetable or the agreed time schedule; (ii) fails to complete the fitting out and furnishing, or operate, maintain and manage the Sites to the Government’s satisfaction; or (iii) fails to put the Sites into operation as per the Project Implementation Timetable or the agreed timetable; or (iv) fails to discharge any of its other obligations in accordance with the Tenancy Agreement.

(2) If without prior notification in writing and agreement by the Government and for

any reason the operation of the Sites is suspended by the SPC, the Government shall reserve the right under any circumstances to require the SPC to compensate any expenses required to reinstate the Sites at its own cost to the condition before handing over to the SPC for fitting out and furnishing or otherwise to the satisfaction of the Government. If the SPC fails to carry out the reinstatement works within a time stated in the Tenancy Agreement, the SPC shall compensate any expenses incurred by the Government to reinstate the Sites.

(e) Consequences of Expiry and Termination of Tenancy Agreement including

Premature Termination (1) At the expiry or termination including premature termination of the Tenancy

Period, the SPC shall hand over the Sites free of all costs and expenses, in such manner, whether by assignment, surrender or otherwise and also in a condition fit for continued operation at a standard being the same as during the Tenancy Period to the satisfaction of the Government. The items to be handed over to Government shall include but not be limited to fixture, furniture, equipment and

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other objects provided in Government works, acquired using the Project’s operating incomes, and donated or entrusted for the Project by third parties.

(2) The SPC shall effect the following:

(i) smooth handover to the Government or the Government’s nominee of the Sites or the works-in-progress and completion of all the procedures for the due transfer of assets; (ii) if the Government so requests, enter into and perform all agreements or deeds of assignment, transfer or novation in favour of the Government or in favour of any person whom the Government may designate, for the assignment, transfer or novation of any contract entered into by the SPC in respect of the Project on such terms and conditions as the Government may stipulate; and procure any third party whom the Government considers necessary for effecting or perfecting such assignment, transfer or novation to enter into and perform any such deeds of assignment, transfer or novation. (iii) in the event of premature termination of the Tenancy Period, all the sub-letting agreements between the SPC and sub-tenants shall cease. The sub-letting agreements shall contain relevant clause(s) to avoid breach of the agreement in the event of premature termination of the Tenancy Period. (iv) vacate and reinstate (if so required) the Sites provided that all goods, materials and construction equipment for the purpose of execution of the Project are not to be removed therefrom without the prior consent of the Government in writing; and (v) the Government is entitled to re-enter and take back possession of the Sites, or any part thereof together with all or any buildings, erections and works thereon without prejudice to the rights, remedies and claims of the Government in respect of any breach, non-observance or non-performance of the terms and conditions of the Tenancy Agreement.

(f) User Restriction (1) The Sites and each part thereof shall be used for meeting the objectives of the

Project stated in paragraph 1.1.1 and the terms and conditions of the Tenancy Agreement which, inter alia, include: (i) promotion of contemporary creative and cultural hub and industries; and (ii) provision of landscaped public open space.

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(g) Facilities for Public Use Some part of the Sites such as landscaped open space with public access must be open to the public to the satisfaction of the Government. The types and extent of the Sites to be open to the public and their opening times shall be agreed between the Government and the SPC, both acting reasonably, before signing of the Tenancy Agreement. 7.3.3 Term of Tenancy 7.3.3.1 Under normal circumstances, the SPC will be offered a Tenancy Period of fixed term four years after completion of the government funded construction works which are expected to be completed within one year. However, the Tenancy Period may be shorter or longer depending on the complexity of the proposed design. The shorter the construction period based on simpler proposed design, the longer the operation period can be offered to the Successful Proponent. 7.3.3.2 Subject to land availability, the Government may renew the tenancy for a further period of four years on the same terms and conditions as the Tenancy Agreement provided that the SPC shall have complied, to the satisfaction of the Government, with the terms and conditions of the Tenancy Agreement. The Government will review the performance of the SPC and other factors prevailing at the time to decide whether the Tenancy Agreement will be renewed. The Government reserves the right not to renew the Tenancy Agreement upon its expiry. 7.4 STATUTORY AND OTHER LEGAL REQUIREMENTS 7.4.1 The Successful Proponent shall comply with all the relevant statutory and other legal requirements and obtain at its own cost and expense all the approvals, licences and permits in connection with the Project. The relevant statutory and other requirements include those pursuant to subsidiary legislation, bylaws, memoranda, guidelines, codes, rules and regulations made or issued thereunder. 7.4.2 As the Sites are located underneath the Kwun Tong Bypass, the Successful Proponent must ensure that the proposed usage of the Sites shall not pose a hazard to the bypass in respect of vehicular impact. In addition, the Successful Proponent shall ensure that the risk of fire damage is kept to a minimum and shall take all necessary measures to prevent fire damage to the bridge. Unless otherwise approved by the Government, no plant, equipment, fixture or attachment such as lighting, electric cable, poster and commercial display shall be fixed to the bridge

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and its supporting structures including columns. 7.4.3 A list of the relevant legislation, which is not intended to be exhaustive, is set out below for indication only: (a) Air Pollution Control Ordinance (Cap. 311) (b) Antiquities and Monument Ordinance (Cap. 53) (c) Buildings Ordinance (Cap. 123) (d) Dangerous Goods Ordinance (Cap. 295) (e) Disability Discrimination Ordinance (Cap. 487) (f) Electricity Ordinance (Cap. 406) (g) Employment Ordinance (Cap. 57) (h) Employees’ Compensation Ordinance (Cap. 282) (i) Energy Efficiency (Labelling of Products) Ordinance (Cap. 598) (j) Environmental Impact Assessment Ordinance (Cap. 499) (k) Family Status Discrimination Ordinance (Cap. 527) (l) Fire Safety (Commercial Premises) Ordinance (Cap. 502) (m) Fire Services Ordinance (Cap. 95) (n) Gas Safety Ordinance (Cap. 51) (o) Inland Revenue Ordinance (Cap. 112) (p) Lifts and Escalators (Safety) Ordinance (Cap. 327) (q) Noise Control Ordinance (Cap. 400) (r) Occupational Safety and Health Ordinance (Cap. 509) (s) Ozone Layer Protection Ordinance (Cap. 403) (t) Personal Data (Privacy) Ordinance (Cap. 486) (u) Places of Public Entertainment Ordinance (Cap. 172) (v) Prevention of Bribery Ordinance (Cap. 201) (w) Public Health and Municipal Services Ordinance (Cap. 132) (x) Race Discrimination Ordinance (Cap. 602) (y) Sewage Services Ordinance (Cap. 463) (z) Sex Discrimination Ordinance (Cap. 480) (aa) Telecommunication Ordinance (Cap. 106) (ab) Town Planning Ordinance (Cap. 131) (ac) Waste Disposal Ordinance (Cap. 354) (ad) Water Pollution Control Ordinance (Cap. 358) (ae) Waterworks Ordinance (Cap. 102)

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7.5 ANY OTHER REQUIREMENT OR AGREEMENT DEEMED NECESSARY BY THE GOVERNMENT 7.5.1 The Government will notify the Successful Proponent of any other requirement or agreement as may be deemed necessary by the Government for the delivery of the Project. Any agreement to be entered into will be on such terms as required by the Government following consultation with the Successful Proponent. 7.6 PREVENTION OF BRIBERY 7.6.1 The Government does not permit any of its employees, consultants, agents and advisors to accept any advantage in connection with the assessment, selection of the Successful Proponent and the negotiations, award and execution of the AIP and the Tenancy Agreement. The offer of an advantage to any employee, consultant, agent or advisor of the Government with a view to influencing the assessment, selection of the Successful Proponent, and/or the negotiations, award or execution of the AIP and the Tenancy Agreement may constitute an offence under the Prevention of Bribery Ordinance (Cap. 201). Any such offence committed by a Proponent or its employee(s), or consultant(s) or agent(s) will render its Proposal null and void and the AIP and the Tenancy Agreement (if entered into) may be terminated by the Government without compensation or liability on the part of the Government. 7.6.2 The Successful Proponent shall prohibit its directors, employees, sub-consultants and agents from offering, soliciting or accepting any advantage (as defined in the Prevention of Bribery Ordinance (Cap. 201)) or excessive entertainment in connection with the services under the Project. If the Successful Proponent or its directors, employees, sub-consultants and agents commit any offence under the Prevention of Bribery Ordinance (Cap. 201) in relation to the Project, the Government may terminate the AIP and the Tenancy Agreement and hold the Successful Proponent liable for any loss or damage which the Government may sustain.

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8 NOTES ON PERSONAL DATA 8.1 Purpose of Collection 8.1.1 The personal data provided as part of the Proposal will be used by the Government to process the Proposal and other relevant arrangements. The provision of personal data by means of this Proposal is voluntary. 8.2 Classes of Transferees 8.2.1 The personal data provided in the Proposal may be disclosed to other Government bureaux, departments or authorized organizations for the purposes mentioned above. 8.3 Access to Personal Data 8.3.1 Proponents have a right of access and correction with respect to personal data as provided for in sections 18 and 22 and Principle 6 of Schedule 1 of the Personal Data (Privacy) Ordinance (Cap. 486). Their right of access includes the right to obtain a copy of the personal data provided in their applications. Proponents are also entitled to make requests for correction of the personal data as appropriate. 8.4 Enquiries 8.4.1 Enquiries concerning the personal data collected by means of the Proposal, including the making of requests for access and corrections, should be addressed to the EKEO.

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9 DISCLAIMER AND OTHER MATTERS 9.1 DISCLAIMER AND RIGHTS OF THE GOVERNMENT 9.1.1 Whilst the information in the IFP has been prepared in good faith, it does not claim to be comprehensive or to have been independently verified. Neither the Government, nor any of its officers, agents or the members of the Advisory Committee, accepts any liability or responsibility as to, or in relation to the adequacy, accuracy or completeness of the information contained in the IFP or any other written or oral information which is, has been or will be provided or made available to any Proponents; nor do they make any representation, statement or warranty, express or implied, with respect to such information or to the information on which the IFP is based. Any liability in respect of any such information or any inaccuracy in the IFP or omission from the IFP is expressly disclaimed. In particular, but without prejudice to the generality of the foregoing, no representation or warranty is given as to the achievability or reasonableness of any future projections, estimates, prospects or returns contained in the IFP. Nothing in the IFP nor in any other written or oral information which is, has been or will be provided or made available to any Proponents should be relied on as a representation, statement or warranty as to the intentions, policy or action in future of the Government, its officers, agents or the members of the Advisory Committee. 9.1.2 The IFP is not intended to provide the basis for any investment decision and shall not be considered as a recommendation by the Government or any of its officers or agents to any Proponent to submit any Proposals. 9.1.3 The IFP does not constitute an offer nor does it constitute the basis of any contract which may be concluded in relation to the Project. The Successful Proponent will be given an AIP. If the public funding application for the Project is not approved by the Government, the Government reserves the right to withdraw the AIP. No compensation will be payable to the Successful Proponent under any circumstances. 9.1.4 Proponents are not to construe the content of the IFP, or any other communication by or on behalf of the Government, or any of its officers, agents or the members of the Advisory Committee, as financial, legal, tax or other advice. Each Proponent should make its own independent assessment of the proposed terms after making such investigation and consulting its own professional advisors and taking such other advice as may be prudent in order to assess the risks and benefits of its Proposal as well as in respect of any financial, legal, tax and other

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matters concerning the Project. 9.1.5 Government reserves the right, without prior consultation or notice, to change the content of the IFP before the Closing Date. The Government also reserves the right to terminate any or all negotiations in its discretion before executing any binding contract with the Successful Proponent. 9.1.6 The participation of Proponents in the assessment process to the extent provided for shall be entirely at their own risk. The Government will not under any circumstances be liable to any Proponents for any cost, expense, loss or damage whatsoever arising out of or in connection with the IFP and/or the assessment process irrespective of whether the Government actually proceeds with the Project. 9.1.7 By responding to the IFP, the Proponent agrees to accept the terms of this “Disclaimer and Other Matters” and bound by the terms and conditions set out below: • All information and materials, including their preparation and submission, are

provided by the Proponent at their own cost and expense. The Government shall under no circumstances be liable for any such fees and expenses.

• Any information and materials received from the Proponent will not be returned. • The Government is not responsible for and does not guarantee the

confidentiality of any of the information and materials received from the Proponent.

• All information and materials provided by the Proponent are original works, are

prepared in good faith and are factually correct and without misrepresentation or infringement. Any breach or non-compliance by the Proponent shall, without affecting the Proponent’s liability for such breach or non-compliance, result in its Proposal being invalidated. If the Tenancy Agreement has been awarded, the Contract is liable for termination by the Government without compensation.

• Additional information will be provided by the Proponent in a timely manner as

updates of changes and alternatively upon request for clarification. • Consent is granted to the Government for verification with third parties

concerning information and materials received from the Proponent.

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• Consent is granted to Government to disclose the name and background of the Proponent and, if the Proponent is a consortium or JV, the name and background of each member of the consortium or JV in such manner and at such time as the Government deems fit.

• Consent is granted to the Government to make necessary disclosure to such

other persons in accordance with the requirements of the Tenancy Agreement. • The Government may, and reserves the right to, incorporate in Tenancy

Agreement or other documents on the Project, or otherwise use for and in connection with the Project, any information or materials received from the Proponent, including, without limitation, the Proponent’s name and logo.

• Personal data contained in the Proposal submitted by the Proponent will be

used for the purposes of the IFP, and all other purposes arising from or incidental to the IFP including, without limitation, for the purposes of assessment and selection of the Successful Proponent, and resolution of any dispute arising from the IFP.

• The Proponent has obtained the consent from each individual whose personal

data is provided in the Proposal for the disclosure, use and further disclosure by the Government of the personal data for the purposes mentioned in the foregoing paragraph.

• The Government reserves the right to modify or revise any provision of the IFP or

issues any addendum at any time and will not be liable to any party for any costs incurred.

• Information provided in the IFP is for reference only. The Proponent should

make its own independent investigation, analysis and assessment. • The Government reserves the right to accept or reject any Proposal without

giving reasons or justification. • The Government reserves the right to terminate the IFP process at any time by

notice without incurring any liability. • The Government reserves the right to accept or reject any informality or

irregularity of any Proposal, and accept or reject any Proposal which has not been prepared in strict conformity with the terms of the IFP.

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• The Government reserves the right to shortlist any Proponents at any time

during the IFP process and is not obliged to discuss with any party regarding its shortlisting and selection progress.

• The Government reserves the right to negotiate with any one or more of the

Proponents and is not bound to accept any Proposal. • The Proponent participates in this process entirely at its own risk and the

Government will not under any circumstances be liable in any manner whatsoever for any loss, damage, cost or expense incurred by the Proponent in connection with the preparation of the Proposal, attending any interviews or otherwise connected with the IFP, irrespective of whether the Government proceeds with the award of the Tenancy Agreement.

• No warranty or representation is given or to be implied against the Government

on any of the contents and information expressed or contained herein as to their accuracy or completeness. All contents and information contained in this document are given as of this date and are subject to change without prior notice. The Government is not obliged to provide any update or change of information. The Government disclaims any liability whatsoever for any misstatements, errors or omissions to the fullest extent as permitted by law.

• Consents and approvals from the Government are required for use or

distribution or exploitation of the contents and/or information herein. • Neither this document nor any activities in connection therewith shall create

any legal obligations or liabilities in any way on the part of the Government. • The Proponent shall not, and shall procure that its employees, agents and

consultants shall not, offer, solicit or accept any advantage as defined in the Prevention of Bribery Ordinance (Cap. 201) in respect of or in connection with the IFP and the execution of the Tenancy Agreement. Failure to so procure or any act of offering, soliciting or accepting advantage referred above committed by the Proponent or by an employee, agent or consultant of the Proponent shall, without affecting the Proponent’s liability for such failure and act, result in its Proposal being invalidated and if the Tenancy Agreement has been awarded, is liable for termination by the Government without compensation.

• The Proponent shall prepare the Proposal independently, and without consultation, communication, agreement, arrangement or collusion with any

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other Proponent making the same or similar Proposal or any other person in any manner whatsoever for and in connection with the IFP, the execution of the Tenancy Agreement or otherwise with the Project. Any breach or non-compliance by the Proponent shall, without affecting the Proponent’s liability for such breach or non-compliance, result in its Proposal being invalidated and if the Tenancy Agreement has been awarded, the Tenancy Agreement is liable for termination by the Government without compensation.

• The Proponent undertakes to indemnify and keep indemnified the Government against all losses, damages, costs and expenses arising out of or in relation to any breach of any of the above terms or conditions.

9.2 STATUTORY CONSENT OR APPROVALS 9.2.1 The rights, powers and duties of the Successful Proponent in relation to the IFP and the performance or implementation of the Tenancy Agreement, and other (without limitation) agreements concerning or relating to the Project, shall not fetter, compromise, affect or raise any expectations in relation to, the exercise of any powers, discretions, duties and functions of any Government bureaux, departments or public officers acting in an official capacity or as a competent authority or in the exercise of their public law powers, discretions, duties or functions. 9.3 ADDENDA 9.3.1 Some aspects of the IFP may require clarification, amplification or correction. The Government reserves the right without prior consultation or notice, to modify, amend or revise any provision of the IFP and the assessment process and to issue addenda to such effect at any time. Any addenda, amendments, written communications, “Q&A”, additional information or changes to the Project will be notified and posted on the Website. 9.3.2 Proponents are advised to check the Website regularly. The Website is not a guaranteed secure site and no representation, warranty or undertaking is given by the Government as to the accuracy or completeness of the information so posted. If Proponents experience difficulty in accessing or are in doubt as to the security of the Website, assistance may be sought in writing from the EKEO in accordance with paragraph 8.4.

60

9.4 CONFIDENTIALITY 9.4.1 Except as required by law or order of the court, the Government will take all reasonable steps to treat commercially sensitive information provided to it by Proponents in their Proposals confidential provided that such information is suitably designated in writing as “commercially sensitive”. The Government may disclose such information to its employees, agents and other persons under its control where the recipient has entered into, or is otherwise subject to, obligations of confidentiality similar to those contained in this section. Proponents shall not at any time disclose to any third party any confidential information relating to the IFP exercise or the Project or which is the property of the Government or which otherwise relates to their business, commercial secrets, dealings, transactions or affairs. 9.5 PUBLICITY 9.5.1 Proponents shall submit to the Government all advertising or other publicity material relating to this Project or other work done or matter arising out of or in connection with this Project wherein any Government bureaux, departments, committees, organizations or the like or their officers are mentioned or language used from which a connection with any of them or the involvement, endorsement of any Government bureaux, departments, committees, organizations or the like or their officers, can reasonably be inferred or implied. Proponents shall not publish or use any such advertising or other publicity material or the logo or emblem or mark or the like of any Government bureaux, departments, committees, organizations or the like without the prior consent of the Government in writing. 9.5.2 Proponents shall ensure that no one connected with the Project shall use, infer or imply any association with the Project for promoting the individual, financial, political or evangelical interests of the Proponents and/or any other persons.

61

10 ENQUIRIES

If you have any questions about the IFP or the process or require any additional information Please contact EKEO: Email : ekeo@devb.gov.hk Fax : +852 3904 1161 Website : www.ekeo.gov.hk

62

APPENDICES Appendix 1 Site Plans 附件一 平面圖 Appendix 2 Basic Information And Track Record 附件二 基本資料及業務經驗 Appendix 3 Operation Of The Sites 附件三 場地營運 Appendix 4a Business Plan 附件4a 業務計劃 Appendix 4b Projected Income And Expenditure Statement 附件4b 預期收支結算表 Appendix 4c Assumptions And Bases Of Calculation Of Income And Cost Of Sales By Income Type 附件4c 每種收入項目及其成本的假設及計算基準 Appendix 4d Demand For Service(s) To Be Provided 附件4d 對日後提供的服務的需求 Appendix 4e Key Assumptions And Bases Of Calculation On Expenditure Items 附件4e 每項支出的主要假設及計算基準 Appendix 4f Staff Cost Projection 附件4f 員工薪酬開支預算表 Appendix 4g Cost Control Measures 附件4g 成本控制措施 Appendix 4h Financial Viability And Sustainability 附件4h 財務可行及可持續性 Appendix 4i Checklist On Financial Information 附件4i 財務資料核對清單 Appendix 5 Letter(s) Of Support 附件五 支持函件 Appendix 6 Undertakings To Performance Guarantee 附件六 業績擔保承諾 Appendix 7 Form Of Declaration 附件七 聲明表格 GENEARL INFORMATION 一般資料

a. Please read the IFP main document carefully before completing Appendices 2 to 7.

在填寫附件二至七前，請先細閱建議邀書的主文件。

b. The forms in the Appendices are available at www.ekeo.gov.hk. Please attach sheet(s) if more

space is required.

附件中的表格已上載到www.ekeo.gov.hk的網址。如表格不敷應用，請另紙書寫。

c. The contact person of the Proponent (or the principal or lead party for a joint application) shall

initial at the lower right hand corner of each page.

建議者的聯絡人 (若申請由兩個或以上的成員聯合提出，則主要建議者 ) 須在每頁之右下角

簡簽。

d. If there is any inconsistency or ambiguity between the English and Chinese version of this

Appendices, the English version shall prevail.

此中文附件為英文譯本，如中、英文兩個版本有任何抵觸或差異，應以英文版本為準。

圍牆

B

B'

Site 2

Kwun Tong Promenade(Under Construction)

Hoi Bun Road

Existing Landscape Area

Site 2

104m

35m

Kwun Tong Bypass

2m

~ 7m

Bou

ndar

y Li

ne

Bou

ndar

y Li

ne

Hoi Bun Road海濱道

Kw

un T

ong

Byp

ass

abov

e

Kwun Tong Promenade Phase 2(Under Construction)

Lai

Yip

Stre

et

勵業街

平面圖 Site Plan 1:750

剖面圖 Section BB' 1:200

CREATIVITY, ARTS & CULTURE UNDER KWUN TONG BYPASS觀塘繞道下的創意文化藝術場地

土地界線

土地界線

觀塘海濱花園

(施工中)

二號場

觀塘繞道

N

二號場面積=3350平方米Site 2 Area = 3350m²

地下高壓電纜的大概位置

Approximate Location ofUnderground High Voltage Cable

渠務預留地 Drainage Reserve

非建築用地 Non-building Area

1. 所有尺寸需在現場確認 .

ALL DIMENSIONS TO BE VERIFIED ON SITE.

2. 所有地面均以完成面高度及主水平基準以上 (米)

表示.

ALL LEVELS GIVEN ARE FINISHED FLOORLEVELS AND IN METRES ABOVE P.D.

3. 所有尺寸單位如沒有特別說明 ,均為毫米.

ALL DIMENSIONS ARE IN MILLIMETRESUNLESS OTHERWISE STATED.

4. 準確尺寸,高度及地下設施的位置需在現場確認 .

EXACT DIMENSIONS, LEVELS ANDLOCATIONS OF UNDERGROUND UTILITIES TOBE VERIFIED ON SITE.

5. 橋底面下,橋柱,橋墩及其他道路構築物外需保留

兩米空間作檢查及保養維修之用 .不允許任何可能

引起嚴重火災的用途 .

A 2 METRES CLEARANCE FROM SOFFIT ANDAROUND COLUMNS AND ABUTMENTS OFHIGHWAY STRUCTURES SHOULDGENERALLY BE MADE AVAILABLE FORINSPECTION AND MAINTENANCE WORKS ATALL TIMES. USES WHICH MAY CAUSE A HIGHLEVEL OF FIRE HAZARD SHOULD NOT BEPERMITTED.

6.渠務預留地範圍內不可建造任何結構或結構的支柱 .

NO STRUCTURE OR SUPPORT FOR ANYSTRUCTURE SHALL BE ERECTED WITHIN THEAREA OF DRAINAGE RESERVE.

備註 NOTES

圖例 LEGEND

觀塘海濱花園第二期

(施工中)

二號場

現有綠化帶

海濱道

附件1 Appendix 1二號場 Site 2

圍牆

C

C'

Site 3Kwun Tong Promenade

(Under Construction)Hoi Bun Road

Site 3

77m

25m

Existing Landscape Area

Kwun TongBypass

2m

~ 7m

Bou

ndar

y Li

ne

Bou

ndar

y Li

ne

Kw

un T

ong

Byp

ass

abov

e

Kwun Tong Promenade Phase 2(Under Construction)

Hoi Bun Road海濱道

Lai

Yip

Stre

et

勵業街

N

三號場面積=2150平方米Site 3 Area = 2150m²

地下高壓電纜的大概位置

Approximate Location ofUnderground High Voltage Cable

渠務預留地 Drainage Reserve

非建築用地 Non-building Area

1. 所有尺寸需在現場確認 .

ALL DIMENSIONS TO BE VERIFIED ON SITE.

2. 所有地面均以完成面高度及主水平基準以上 (米)

表示.

ALL LEVELS GIVEN ARE FINISHED FLOORLEVELS AND IN METRES ABOVE P.D.

3. 所有尺寸單位如沒有特別說明 ,均為毫米.

ALL DIMENSIONS ARE IN MILLIMETRESUNLESS OTHERWISE STATED.

4. 準確尺寸,高度及地下設施的位置需在現場確認 .

EXACT DIMENSIONS, LEVELS ANDLOCATIONS OF UNDERGROUND UTILITIES TOBE VERIFIED ON SITE.

5. 橋底面下,橋柱,橋墩及其他道路構築物外需保留

兩米空間作檢查及保養維修之用 .不允許任何可能

引起嚴重火災的用途 .

A 2 METRES CLEARANCE FROM SOFFIT ANDAROUND COLUMNS AND ABUTMENTS OFHIGHWAY STRUCTURES SHOULDGENERALLY BE MADE AVAILABLE FORINSPECTION AND MAINTENANCE WORKS ATALL TIMES. USES WHICH MAY CAUSE A HIGHLEVEL OF FIRE HAZARD SHOULD NOT BEPERMITTED.

6.渠務預留地範圍內不可建造任何結構或結構的支柱 .

NO STRUCTURE OR SUPPORT FOR ANYSTRUCTURE SHALL BE ERECTED WITHIN THEAREA OF DRAINAGE RESERVE.

備註 NOTES

圖例 LEGEND

平面圖 Site Plan 1:750

剖面圖 Section CC' 1:200

附件1 Appendix 1三號場 Site 3CREATIVITY, ARTS & CULTURE UNDER KWUN TONG BYPASS

觀塘繞道下的創意文化藝術場地

觀塘海濱花園

(施工中)

土地界線

土地界線

三號場

觀塘繞道

觀塘海濱花園第二期

(施工中)

三號場

現有綠化帶

海濱道

66

Initial 簡簽

BASIC INFORMATION AND TRACK RECORD 基本資料及業務經驗 (I) BASIC INFORMATION OF THE PROPONENT 建議者基本資料

In the case of a joint application (i.e. an application made by two or more parties jointly), the principal or lead party should fill in paragraph (I)1 to (I)3 herein with the consent of the cooperating party/parties. For paragraph (I)4 on “Information of Cooperating Party / Parties”, it should be filled in by each of the cooperating party / parties. 若申請由兩個或以上的成員聯合提出，主要建議者請在取得其他成員同意下填寫此部分的第(I)一至第(I)三段，而第(I)四段「其他成員資料」則應由每位其他成員填寫。

1. Details of Proponent or Principal Proponent (applicable for joint

application) 建議者或主建議者資料（適用於聯合申請） Name 姓名: ____________________________________________________________________________

Address 地址: __________________________________________________________________________

Website 網址: __________________________________________________________________________

Tel 電話: _______________________________ Fax 傳真: ______________________________________

Name of directors 董事姓名: _____________________________________________________________

Name of shareholders (if any) 股東姓名(如適用): __________________________________________

Name of ultimate holding company or beneficial owner(s) of the Special Purpose Company (“SPC”) (if applicable) 最終控股公司或特設公司的受益人名稱(如適用):

_______________________________________________________________________________________

2. Details of Contact Person 聯絡人資料

The contact person shall either be the Chairperson or the Chief Executive of the Proponent. 請提供建議者的聯絡資料。聯絡人必須為建議者的主席或總幹事。

Name of Organization 機構名稱

Website 網址

Address 地址

Fax 傳真

Name of contact person 聯絡人姓名

Position 職位

Telephone No 電話號碼

Email 電郵地址

3. Registration Information 註冊資料

The Proponent submitting the Proposal is an approved charitable institution/trust of a public character under Section 88 of the Inland Revenue Ordinance 建議者為«稅務條例»第 88 條下獲認可之慈善機構 /信託團體。

Yes (please attach the relevant documentary proof) 是(請夾附有關的證明文件 )

No 否

Application in progress (please attach the relevant documentary proof) 申請中(請夾附有關的證明文件 )

If the application is in progress, the Proponent submitting the Proposal is required to obtain such charitable status before the issue of the Approval-in-principle.

若申請正進行中，建議者必須在簽發原則批准通知前取得有關慈善機構資格。

Appendix 2

67

Initial 簡簽

(cont’ (I)3)

The Proponent is registered under the following ordinance (please attach documentary proof) :

建議者是根據以下條例註冊:

Companies Ordinance «公司條例» Company Registration Number 公司註冊編號 : ___________________________________

Societies Ordinance «社團條例»

Other Ordinances 其他條例 Please specify 請註明 : _______________________________________________________________

The Proponent making the application is a Special Purpose Company (“SPC”) set up/made available for the sole purpose of the Project. 建議者是一所以此項目為主要目的成立 /提供之特設公司 (SPC)。

Yes 是 (please attach the relevant documentary proof)(請夾附有關的證明文件 )

No 否

Being set up (please attach the relevant documentary proof) 成立中(請夾附有關的證明文件 )

If the answer is “Yes”, the Proponent is not required to set up another SPC if selected. If the answer is “No” or “Being set up”, the Proponent making the application shall undertake to procure/make available a SPC, which must also exempt from tax under Section 88 of the Inland Revenue Ordinance (Cap. 112) within four months upon being selected.

若答案為「是」，建議者在獲選後毋須成立另一所特設公司。若答案為「否」或「成立中」，建議

者必須保證於被獲選後的四個月內成立一所特設公司，並必須具有根據«稅務條例»(第 112 章 )

第 88 條獲認可之慈善機構身份。

If the SPC is a consortium or JV, please list out the respective roles and responsibilities of each consortium or JV member in the SPC and, if applicable, their shareholding or beneficial ownership in the following table. 若特設公司是合資公司，請於下表列出特設公司各成員擔當的角色和責任，及其股權或利益擁有權(如適

用)。

Name of the Organisation

機構名稱

Year of Establishment

成立年份

Roles and Responsibilities 角色及責任

Shareholding or percentage of interest in the group (%)

股權或收益百分比(%)

Appendix 2

68

Initial 簡簽

4. Information of Cooperating Party/Parties and Contact Person 其他成員資料 The following section will only be required to be filled in if this is a joint application. 以下部分只適用於聯合申請。 Please reproduce the following table if necessary. 如有需要，可自行複製下列表格。 Contact person shall either be the Chairperson or the Chief Executive of the cooperating party/parties. 聯絡人應為協辦成員 /其他成員的主席或總幹事。

Name of cooperating Party/ Part ies 協辦成員 /其他成員名稱

Contact Person 聯絡人

Position 職位

Telephone 電話

Fax 傳真

Email 電郵

Website 網址

Nature and details of collaboration with the principal party making the application 跟主要建議者的合作性質和詳情

Registration Information 註冊資料

The cooperating party is an approved charitable institution / trust of a public character under Section 88 of the Inland Revenue Ordinance (Cap. 112). 協辦成員為«稅務條例»(第 112 章 )第 88 條下獲認可之慈善機構 /信託團體。

Yes 是 (please attach the relevant documentary proof) (請夾附有關的證明文件 )

No 否

Application in progress (please attach the relevant documentary proof) 申請中(請夾附有關的證明文件 )

If the answer is no or the application is in progress, the cooperating party is required to obtain such charitable status before the issue of the Approval-in-principle. 若申請正進行中，協辦成員必須在簽發原則批准通知前取得有關慈善機構資格。

The cooperating party is registered under the following ordinance (please attach documentary proof) - 協辦成員根據以下條例註冊 (請夾附有關的證明文件 ) -

Companies Ordinance«公司條例» Company Name & Registration Number 公司名稱及註冊編號 : _____________________

Societies Ordinance «社團條例»

Other Ordinances 其他條例 Please specify 請註明: ________________________

Appendix 2

69

Initial 簡簽

(II) BACKGROUND OF THE PROPONENT 建議者背景資料 (This forms part of the assessment of the Proposal. Please refer to part D of paragraph 6.2.1 of the IFP for details) (此部份將用作評估建議書，詳情請見建議邀請書第 6.2.1 段的 D 部份) The Proponent and, in case of a joint application, each member of the cooperating party shall complete Section (II) to Section (VI) with reference to their experience in creativity, arts and culture. 建議者及，如申請由兩個或以上的成員聯合提出，每位成員應在本部分(II)至(IV) 填寫就他們在創意、藝術及文化方面的經驗。 1. Please identify the Proponent’s current main location of operations:

請註明建議者目前主要的營運地點 Based and mainly operated in Hong Kong 以香港為總部及主要營運地點

Based in Hong Kong, with operation in Hong Kong and other territories 以香港為總部，於香港及其他地方營運 (please specify 請註明 ________________________________________________________________)

Based in Hong Kong to provide services in other territories 以香港為總部，在其他地方提供服務

(please specify 請註明 ________________________________________________________________)

Based outside Hong Kong to provide services in Hong Kong 以香港以外地方為總部，為香港提供服務 (please specify 請註明 ________________________________________________________________)

Based outside Hong Kong 以香港以外地方為總部 (please specify 請註明 ________________________________________________________________) to provide services in other territories 在其他地方提供服務 (please specify 請註明 ________________________________________________________________)

2. The cost of programmes for creativity, arts and culture that the Proponent operated in the last fiscal or calendar year: 貴機構於過去的財政年度或曆年曾舉辦過的創意、藝術及文化項目的成本為：

Less than HK$1million 少於 100 萬港元 HK$1-5 million 100-500 萬港元 HK$5-10 million 500-1000 萬港元 More than HK$10 million 多於 1000 萬港元

3. The relationship between the Proponent and the SPC incorporated for the operation of the Sites: 貴機構與日後負責經營場地的特設公司的關係:

We shall no longer operate the current organization and shall devote 100% of our financial resources (including endowment fund), staffing and other resources to the SPC. 我們將不再營運現有機構，並投入 100％財政資源(包括捐贈基金) 、員工及其他資源到特設公司。

We shall continue to run our current organization and devote the followings to the SPC: 我們將繼續營運現有機構及投入以下資源到特設公司:

around ___ % of our existing staffing; 約___ %的現有員工; around ___ % our existing financial resources; and 約___ %的現有財政資源; around ___ % other resources to our role as the operator for the Sites. 約___ %的其他資源

作為場地經營者。

Appendix 2

70

Initial 簡簽

(III) TRACK RECORD IN PROGRAMME DELIVERY 節目執行經驗

(This forms part of the assessment of the Proposal. Please refer to part D of paragraph 6.2.1 of the IFP for details) (此部份將用作評估建議書，詳情請見建議邀請書第 6.2.1 段的 D 部份)

1. What is the level of the Proponent’s experience in arts and cultural activities?

請提供建議者於舉辦藝術及文化活動的經驗。

* Programme delivery includes events, activities, publications, facilities and other services related to the appreciation, interpretation, education and audience development for creativity, arts and culture. *節目執行包括與創意、藝術及文化方面的欣賞、教育及觀眾拓展項目、活動、出版、設施及其他與相關的服務。

Arts and cultural activities 藝術及文化活動 – please elaborate below on the nature of the Proponent’s arts and cultural work for the creative industries in Hong Kong. 請詳列於下表建議者在香港的藝術、文化及創意產業方面的工作性質:

Total Number of Years of

Experience 經驗總年數

Indicators in the last three calendar or financial years, whichever is appropriate to the Proponent

建議者於過去三個曆年或財政年度的指標

Year年份: Year年份: Year年份:

Total Expenditure 總經驗:

% on dance/ music performances: 跳舞/音樂表演佔的百分比:

% on exhibitions: 展覽佔的百分比:

Programme Delivery* 計劃執行*

% on others[ ] 其他百分比[ ]

No. of dance/ music event participants: 參與跳舞/音樂節目的人數:

No. of exhibition event participants: 參觀展覽的人數:

No. of others event participants: 參與其他活動的人數:

Appendix 2

71

Initial 簡簽

Total Number of Years of

Experience 經驗總年數

Indicators in the last three calendar or financial years, whichever is appropriate to the Proponent

建議者於過去三個曆年或財政年度的指標

Year年份: Year年份: Year年份:

Size of database: (audience + prospective audience): 數據庫規模 (現場觀眾+預計觀眾):

Venue Management 場地管理

Size 規模:

Research and Advocacy 研究及宣傳

Expenditure 支出: Papers/reports published曾發表的論文/報告:

Talent Development Programmes 人才培訓計劃

No. of participants: 參與人數:

Others (Please specify the key indicators) 其他(請註明主

要指標)

2. Did the Proponent work with partners in Hong Kong in providing community education

programmes for creativity, arts and culture? If yes, please pick the top three partners below which the Proponent has most frequently worked with: 建議者曾否在香港與其他機構合辦創意、藝術及文化方面的教育活動？如有，請選擇及標示曾合辦最多

活動的三個夥伴: Past Partners Top three which the Proponent has most frequently worked with 夥伴機構 曾合作最多活動的三個夥伴

Primary and secondary schools 中小學 Universities and other educational institutes 大學及其他教育團體 Other creative institutions 其他創意團體 Government bureaux and departments 政府機構 District Councils 區議會 Other non-governmental organizations 其他非政府組織 Foreign consulates 外國駐港領事館 Business community 商業團體 International bodies based in Hong Kong 以香港為總部的外國機構

(please specify 請註明):______________________________________ Others 其他 (please specify 請註明): ______________________

Cont’ (III)1

Appendix 2

72

Initial 簡簽

3. Did the Proponent work with partners to provide expertise in art talent development programmes in Hong Kong? If yes, please indicate three partners which the Proponent has most frequently worked with:

建議者曾否與其他機構於香港合作藝術人才培訓計劃？如有，請選擇及標示合作最多的三個夥伴:

Past Partners Three Most Frequent Partners 夥伴機構 曾合作最多的三個夥伴

Primary and secondary schools 中小學 Universities and other educational institutes 大學及其他教育團體 Other creative institutions 其他創意文化團體 Government bureaux and departments 政府機構 District Councils 區議會 Other non-governmental organizations 其他非政府組織 Foreign consulates 外國駐港領事館 Business community 商業團體 International bodies based in Hong Kong 以香港為總部的外國機構

(please specify 請註明):______________________________________ Others 其他 (please specify 請註明): ______________________

4. Please provide information on the three most successful programmes for creativity, arts and

culture and art talent development programmes developed by the Proponent in the past five years by completing the following tables* (please attach sample materials if necessary): 建議者請於下表填上於過去五年曾舉辦/發展的三個最成功的創意、藝術及文化活動和藝術人才培訓計劃

的資料*(如有需要，請附上樣本資料): * Outcomes can be project specific outcomes or medium/longer term outcomes pertaining to the vision of the Proponent. *成果包括各項目的具體成效或建議者的中/遠期願景。 CREATIVITY, ARTS AND CULTURE PROGRAMMES 創意、藝術及文化活動

Programme 1 (Name) 活動一（名稱）

Objective 目標 Theme and description 主題及簡介

Date and duration 日期及時間

Location and venue 地點及舉辦場所

Names and roles of major organizers, partners and supporting organizations 主要機構、夥伴及支援機構的名

稱及角色

Programme costs and sources of funding 活動成本及資金來源

Manpower 人力資源 Marketing 市場推廣 Audience development approach 觀眾拓展方法

Outcomes 成果*

Appendix 2

73

Initial 簡簽

(cont’ (III)4)

Programme 2 (Name) 活動二（名稱）

Objective 目標 Theme and description 主題及簡介

Date and duration 日期及時間

Location and venue 地點及舉辦場所

Names and roles of major organizers, partners and supporting organizations 主要機構、夥伴及支援機構的名

稱及角色

Programme costs and sources of funding 活動成本及資金來源

Manpower 人力資源 Marketing 市場推廣 Audience development approach 觀眾拓展方法

Outcomes 成果*

Programme 3 (Name) 活動三（名稱）

Objective 目標 Theme and description 主題及簡介

Date and duration 日期及時間

Location and venue 地點及舉辦場所

Names and roles of major organizers, partners and supporting organizations 主要機構、夥伴及支援機構的名

稱及角色

Programme costs and sources of funding 活動成本及資金來源

Manpower 人力資源 Marketing 市場推廣 Audience development approach 觀眾拓展方法

Outcomes 成果*

Appendix 2

74

Initial 簡簽

(cont’ (III)4)

ART TALENT DEVELOPMENT PROGRAMME 藝術人才培訓計劃

Programme 1 (Name) 活動一（名稱）

Objective 目標 Theme and description 主題及簡介

Date and duration 日期及時間

Location and venue 地點及舉辦場所

Names and roles of major organizers, partners and supporting organizations 主要機構、夥伴及支援機構的名

稱及角色

Programme costs and sources of funding 活動成本及資金來源

Manpower 人力資源 Marketing 市場推廣 Audience development approach 觀眾拓展方法

Outcomes 成果*

Programme 2 (Name) 活動二（名稱）

Objective 目標 Theme and description 主題及簡介

Date and duration 日期及時間

Location and venue 地點及舉辦場所

Names and roles of major organizers, partners and supporting organizations 主要機構、夥伴及支援機構的名

稱及角色

Programme costs and sources of funding 活動成本及資金來源

Manpower 人力資源 Marketing 市場推廣 Audience development approach 觀眾拓展方法

Outcomes 成果*

Appendix 2

75

Initial 簡簽

(cont’ (III)4)

Programme 3 (Name) 活動三（名稱）

Objective 目標 Theme and description 主題及簡介

Date and duration 日期及時間

Location and venue 地點及舉辦場所

Names and roles of major organizers, partners and supporting organizations 主要機構、夥伴及支援機構的名

稱及角色

Programme costs and sources of funding 活動成本及資金來源

Manpower 人力資源 Marketing 市場推廣 Audience development approach 觀眾拓展方法

Outcomes 成果*

5. Please provide in the table below information on the Proponent’s major collaborators in and outside Hong Kong over the past 5 years:

建議者請於下表填上在過去五年內於香港或香港以外地區的主要合作者資料:

Name of Organization

機構名稱

Nature of Organization (creativity, arts and

cultural organizations, educational bodies, NPOs,

government agencies, commercial entities or

others) 機構性質

(創意、藝術及文化機構、教育團體、非牟利機構、政府機構、商業團體及其他)

Nature of Collaboration and Programme Delivered

(e.g. expertise, funding, promotion support or others. Please also provide the name of the programme, nature of the programme, venue, duration and

number of audience reached) 合作性質和曾舉辦活動

(如提供專業知識，資金援助，推廣，支援及其他。請提供活動名稱，性質，舉辦場地，

時間和觀眾人數)

Years of collabora

tion 合作年期

Hong Kong Collaborations 香港合作

Appendix 2

76

Initial 簡簽

Name of Organization

機構名稱

Nature of Organization (creativity, arts and

cultural organizations, educational bodies, NPOs,

government agencies, commercial entities or

others) 機構性質

(創意、藝術及文化機構、教育團體、非牟利機構、政府機構、商業團體及其他)

Nature of Collaboration and Programme Delivered

(e.g. expertise, funding, promotion support or others. Please also provide the name of the programme, nature of the programme, venue, duration and

number of audience reached) 合作性質和曾舉辦活動

(如提供專業知識，資金援助，推廣，支援及其他。請提供活動名稱，性質，舉辦場地，

時間和觀眾人數)

Years of collabora

tion 合作年期

Regional Collaborations 地區合作

International Collaborations 國際合作

(IV) FINANCIAL PERFORMANCE 財政表現

(This forms part of the assessment of the Proposal. Please refer to part D of paragraph 6.2.1 of the IFP for details) (此部份將用作評估建議書，詳情請見建議邀請書第 6.2.1 段的 D 部份)

1. What were the origin(s), size and current contribution related to the endowment of the

Proponent, if any? 請建議者提供基金的來源、規模及供款資料(如適用):

Year 年份: ______________________

Origin(s) of seed funding 基金來源: ______________________

Initial amount 初始金額: ______________________

Contribution to annual budget 年度預算供款: ______________________

2. Please provide the financial performance of the Proponent in the immediate past three fiscal years and attach corresponding audited accounts. 請建議者提供於過去三個財政年度的財務表現資料及附上相關經審核的賬目:

2011 2012 2013

Revenue 收入

Expenditure 支出

Net income 淨收益

Appendix 2 Cont’ (III)5

77

Initial 簡簽

3. Please summarize the income sources of the Proponent in the immediate past three fiscal

years by completing the following table: 建議者請於下表概括填上在過去的三個財政年度的收入來源:

Factors 要素 Number of years

of experience 經驗年份

Amount in Year:

年的金額

Amount in Year:

年的金額

Amount in Year:

年的金額 % 百分比

Government grants

/subvention

政府資助/津貼

Government funded

projects 政府資助項目

Sponsorship 贊助

Donations 捐款

Fund raising activities

籌款活動

Admission and

ticketing 入場及票務

Sales of publications

出版刊物的銷售額

Merchandise 商品

In kind sponsorship

and gifts

物件贊助及禮物

Membership Fees

會員費

Number 人數:

Fees 費用:

Number 人數:

Fees 費用:

Number 人數:

Fees 費用:

Others 其他

(please specify 請註明)

Total 總數

Appendix 2

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Initial 簡簽

(V) MANAGEMENT CAPACITY 管理能力

(This forms part of the assessment of the Proposal. Please refer to part D of paragraph 6.2.1 of the IFP for details)(此部份將用作評估建議書，詳情請見建議邀請書第 6.2.1 段的 D 部份)

1. Please list the Proponent’s board members/advisors in the following table: 請於下表列出建議者的董事會成員/顧問資料:

Name 姓名 Position on the Board 董事會職位 Years of Service 服務年數

2. Please give a breakdown of the Proponent’s manpower resources: 請詳列建議者人力資源的明細:

Managerial/Supervisory 管理/監督 Operational/Supporting 營運/支援

Full Time

全職

Number 人數: ______________________ Average year of service 平均服務年數: _____________________

Number 人數: ______________________ Average year of service 平均服務年數: _____________________

Part Time

兼職

Number 人數: ______________________ Average year of service 平均服務年數: _____________________

Number 人數: ______________________ Average year of service 平均服務年數: _____________________

Volunteers

義工

Number 人數: ______________________ Average year of service 平均服務年數: _____________________

Number 人數: ______________________ Average year of service 平均服務年數: _____________________

Appendix 2

79

Initial 簡簽

3. Please list the key management staff members of the Proponent in the following table and attach an organization chart of the current organization of the Proponent showing the corresponding position of the management staff members and lines of report and responsibilities. 請於下表列出建議者的主要管理層成員資料，並附上建議者機構的組織架構圖以說明主要管理層成員的

職位、權責及滙報架構。

Name姓名 Title (Full/Part Time) 職銜(全職/兼職) Roles and Qualifications 角色及資歷

4. Please describe the key performance indicators/assessment tools which the Proponent is

currently using for performance evaluation. 請詳述建議者目前用作評估成效的主要成效指標/評估工具。

Appendix 2

80

Initial 簡簽

(VI) REFERENCES 諮詢人 1. Please provide three references from individuals who possess a clear understanding of the

Proponent’s work. The referees can be creativity, arts and culture related experts, previous collaborators, funders, sponsors, beneficiaries and relevant others. The Government (including its Advisory Committee) may contact them for information about the Proponent. 請提供三個對建議者的工作有一定了解的諮詢人。他們可以是創意、藝術、文化及相關方面的專家，從

前的合作者、資助者、贊助商、受益人或其他。政府（包括其諮詢委員會）可能會向諮詢人查詢有關建

議者的資料。

Reference 1 諮詢人 1

Name 姓名 Organization 機構 Post Title 職銜 Telephone 電話號碼 Email 電郵地址

Reference 2 諮詢人 2

Name 姓名 Organization 機構 Post Title 職銜 Telephone 電話號碼 Email 電郵地址

Reference3 諮詢人 3

Name 姓名 Organization 機構 Post Title 職銜 Telephone 電話號碼 Email 電郵地址

Appendix 2

81

Initial 簡簽

OPERATION OF THE SITES 場地營運 (A) PROGRAMMING STRATEGIES AND PLANS FOR CREATIVITY, ARTS AND CULTURE 創意、藝術及文化項目的策略及計劃 (This forms part of the assessment of the Proposal. Please refer to part A of paragraph 6.2.1 of the IFP for details.) (此部份將用作評估建議書，詳情請見建議邀請書第6.2.1段的D部份) (A)(I) ALIGNMENT WITH VISION, MISSION, VALUES AND POSITIONING OF THE PROJECT 配合項目的願景、理念、價值觀及定位

1. Please provide a mission statement which describes the aims and objective for transforming the Sites into a contemporary creative and cultural hub in Kwun Tong for all to enjoy. Please also elaborate on how the strategies and plans of the Proponent’s proposed programmes for creativity, arts and culture align with the vision and mission of the Project.

請建議者提供理念聲明，簡介將如何經營場地以達至本計劃的目標，即把場地經營為觀塘區的當代創意

及文化中心供市民享用。同時，請詳述擬議的創意、藝術及文化項目策劃及計劃如果能配合本項目的願

景及理念。

Appendix 3

82

Initial 簡簽

2. Please explain the Proponent’s proposed positioning of the programmes for creativity, arts and culture and how it will differentiate the Sites from other major existing and upcoming creativity and arts destinations in Hong Kong. 請建議者說明擬議的創意、藝術及文化活動的定位，及建議者如何把本場地與其他香港現有的或將來的

創意及藝術場地區分。

(A)(II) PROGRAMMES AND ACTIVITIES 活動及計劃

1. Please elaborate on the Proponent’s programme strategies on creativity, arts and culture within the four years tenancy period if selected, highlighting the opportunities, challenges, objectives, target audiences, programme development priorities and growth trajectory. 請建議者詳述如在獲選後的四年租期內的創意、藝術及文化活動策略。請重點說明將面對的機遇、挑戰、

目標、目標群組、計劃發展先後序及發展軌跡。

Appendix 3

83

Initial 簡簽

2. Please elaborate on how the Proponent’s proposed programmes on creativity, arts and culture will make good and creative use of the waterfront location to bring vibrancy to the Kwun Tong waterfront, adding new function and synergy to its unique character. The Proponent can illustrate its concept by providing mood boards, artists’ impressions, floor plans, relevant drawings and/or any other effective means as deemed appropriate. 請建議者詳述擬議的創意、藝術及文化計劃如何能充份利用本場地沿海的地理位置來為觀塘海濱加潻活

力、注入新元素並與周邊產生協同效應。建議者可透過概念展示板、平面圖、透視圖或其他有致方法來

表達概念。

3. Please demonstrate how the Proponent’s proposed programmes on creativity, arts and culture

for the Sites will effectively and synergistically integrated with each other. 請建議者展示如何能透過擬議的創意、藝術及文化活動來為三個場地有效地產生協同效應。

Appendix 3

84

Initial 簡簽

4. Please provide a detailed plan for the Proponent’s programming activities from Year Zero to 1 on creativity, arts and culture including art talent development, education activities and outreach programmes. Please reproduce the following table if necessary. 請建議者提供擬在營運的首年內推出的創意、藝術及文化活動，包括人才培訓計劃、教育及外展計劃。

在有需要，可自行複製下列表格。

Programme 活動 1 (Name 名稱)

Venue: Site 1/Site 2/Site 3 場地: 一號場/二號場/三號場

Objective 目的

Format 形式

Theme and description 主題及簡介

Date and duration 日期及時間

Collaborator (if any) 合作者（如有）

Target audience and expected number 觀眾對象及預期人數

Paying / Non-paying 付費 /免費

Programme 活動２ (Name 名稱)

Venue: Site 1/Site 2/Site 3 場地: 一號場/二號場/三號場

Objective 目的

Format 形式

Theme and description 主題及簡介

Date and duration 日期及時間

Collaborator (if any) 合作者（如有）

Target audience and expected number 觀眾對象及預期人數

Paying / Non-paying 付費 /免費

Appendix 3

85

Initial 簡簽

(cont’ (A)(II)4)

Programme 活動３ (Name 名稱)

Venue: Site 1/Site 2/Site 3 場地: 一號場/二號場/三號場

Objective 目的

Format 形式

Theme and description 主題及簡介

Date and duration 日期及時間

Collaborator (if any) 合作者（如有）

Target audience and expected number 觀眾對象及預期人數

Paying / Non-paying 付費 /免費

Programme 活動 4 (Name 名稱)

Venue: Site 1/Site 2/Site 3

場地: 一號場/二號場/三號場

Objective 目的

Format 形式

Theme and description 主題及簡介

Date and duration 日期及時間

Collaborator (if any) 合作者（如有）

Target audience and expected number 觀眾對象及預期人數

Paying / Non-paying 付費 /免費

Appendix 3

86

Initial 簡簽

(cont’ (A)(II)4)

Programme 活動 5 (Name 名稱)

Venue: Site 1/Site 2/Site 3

場地: 一號場/二號場/三號場

Objective 目的

Format 形式

Theme and description 主題及簡介

Date and duration 日期及時間

Collaborator (if any) 合作者（如有）

Target audience and expected number 觀眾對象及預期人數

Paying / Non-paying 付費 /免費

Programme 活動 6 (Name 名稱)

Venue : Site 1/Site 2/Site 3 場地: 一號場/二號場/三號場

Objective 目的

Format 形式

Theme and description 主題及簡介

Date and duration 日期及時間

Collaborator (if any) 合作者（如有）

Target audience and expected number 觀眾對象及預期人數

Paying / Non-paying 付費 /免費

Appendix 3

87

Initial 簡簽

5. Please provide a plan of the Proponent’s programmes and activities from Year 2 to 4 to be

organized in both territorial and local scale. 請建議者提供由第二至第四年的營運期內預計推出的創意、藝術及文化活動計劃，請以全港性及地區性

作分類。

*For territorial programmes and activities, please provide as much information as possible in view of the long planning cycle. *請為計劃時間較長的全港性活動提供詳細資料

Year 2 第 2 年 No. 數量 Name & Format 名稱及形式

Objectives and Brief Description 目標及簡介

Target Audience & Number

觀眾對象及人數 *Territorial

全港性

Local

地區性

Year 3 第 3 年 No. 數量 Name & Format 名稱及形式

Objectives and Brief Description 目標及簡介

Target Audience & Number

觀眾對象及人數 *Territorial

全港性

Local

地區性

Year 4 第 4 年 No. 數量 Name & Format 名稱及形式

Objectives and Brief Description 目標及簡介

Target Audience & Number

觀眾對象及人數 *Territorial

全港性

Local

地區性

Appendix 3

88

Initial 簡簽

6. Please elaborate the Proponent’s respective pricing strategies and programme policies for

creativity, arts and culture and measures to ensure the accessibility of the Sites and programmes to different segments of the community. 請建議者詳述擬議的創意、藝術及文化節目的定價准則及策略。請註明將如何確保社會不同階層人士均

能使用場地及欣賞節目。

(A)(III) PUBLIC ACCESSIBILITY, ARRANGEMENT FOR OPEN DAYS, COMMUNITY ENGAGEMENT AND AUDIENCE BUILDING

對外開放、開放日、公眾參與及觀眾拓展安排

1. Please elaborate how the Proponent’s proposed programmes for creativity, arts and culture will be made appealing and accessible to, can reach out to and be connected with the community in order to engage people from different segments to participate in the programmes. Please also elaborate the Proponent’s proposed arrangement for open days. Please refer to paragraph 4.19.6 of the IFP for details regarding the requirements on Open Days. 請詳述建議的創意、藝術及文化活動計劃如何能有效地與地區連接，為各群組提供合適的活動供社區參

與。另請建議者詳細說明開放日的建議安排。開放日的要求請見建議邀請書第 4.19.6 段。

Appendix 3

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Initial 簡簽

2. Please illustrate how the Proponent’s audience development, marketing and customer relations management plans can help promote, enhance and sustain the interests of different community segments in the programmes for creativity, arts and culture. 請說明建議者的觀眾拓展、市場推廣及顧客關系管理計劃，如何能提高不同社區群組對創意、藝術及文

化活動的興趣。

(A)(IV) PUBLIC EDUCATION AND ARTS TALENT DEVELOPMENT PROGRAMME

公眾教育及藝術人才培訓計劃

1. Please elaborate on the Proponent’s approach to enhance public’s understanding and appreciation of contemporary art, knowledge sharing and the benefits that members of the public will derive from the Proponent’s proposed public education programmes and activities. 請建議者詳述將用何種方式提高公眾對當代藝術的欣賞和知識共存，及公眾從擬議的公眾教育計劃中的

得益。

Appendix 3

90

Initial 簡簽

2. Please elaborate on the Proponent’s approach to art talent development programme such as the collaboration of local talents with their international counterparts with a view to nurture and groom a new generation of art talents in Hong Kong.

請建議者詳述將採用的藝術人才培訓計劃模式，如本地團體與國際機構合作培育本港新一代的藝術人才。

(B) LAYOUT DESIGN, STRATEGIES AND PLANS FOR CREATIVITY, ARTS AND CULTURE 創意、藝術及文化設計的佈置及策略 (This forms part of the assessment of the Proposal. Please refer to part B of paragraph 6.2.1 of the IFP for details) (此部份將用作評估建議書，詳情請見建議邀請書第 6.2.1 段的 D 部份) (B)(I) ALIGNMENT OF THE SITE LAYOUT WITH THE STRATEGIES, PLANS AND THEME OF THE PROJECT 場地佈局配合項目的策略、計劃及主題

1. Design concept (concept can be illustrated by providing mood boards, artists’ impressions, floor plans, relevant drawings and/or other effective means as deemed appropriate) 設計意念(可以透過概念展示板、透視圖、平面圖或其他合式方法等來表達)

Appendix 3

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Initial 簡簽

2. Please elaborate on how the strategies, plans and theme of the Project are reflected in the proposed layout of the Sites. 請詳述擬議場地佈局如何反映項目的策略、計劃及主題。

Appendix 3

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Initial 簡簽

3. Preliminary Schedule of Accommodation for Site 1, Site 2 and Site 3 一號場、二號場及三號場的初步用途分配表 Space Location

地點

Proposed Use(s)

計劃用途

GFA (M2)

樓面面積(平方米)

% of Use

百份比

Site 1 一號場

Site 2 二號場

Site 3 三號場

Summary:

總結

Proposed Uses

計劃用途

GFA (M2)

樓面面積 (平方米)

% of Use

百份比

Commercial 商業

Non-Commercial 非商業

Total:

總數:

*Please refer to the Regulation 23(3)(a) of the Building (Planning) Regulations of the Building Ordinance (Cap. 123) for the definition of GFA.

*樓面面積的定義請參閱建築物(規劃)規例(第 123 章)第 23(3)(a)條

Appendix 3

93

Initial 簡簽

4. Please elaborate on the industrial theming element of the Proponent’s design and how will it integrates /compliments with the existing setup at Site 1. 請建議者詳述在提交設計中的工業特色元素及場地設計如何能融入現時一號場的怖局。

(B)(II) FLEXIBILITY OF SITE LAYOUT 場地佈局的靈活性

1. Please elaborate on the licensing requirement(s), if any, on the proposed facilities at the Sites. 請詳述各場地擬建設施的發牌要求(如有)。

Proposed Use/ Facilities 擬議用途 Licensing Requirement(s)發牌要求

Site 1

一號場

Site 2

二號場

Site 3

三號場

Appendix 3

94

Initial 簡簽

2. Please elaborate on how the flexibility in space and diversity of use are reflected in the proposed site layout. 請詳述擬議場地的佈局如何反映空間的靈活性及用途的多樣化。

3. The Sites are a valuable and unique asset of our community, the Proponent shall allow the

public to access the whole or part of the Sites without disturbance to its operation. Please elaborate on how the proposed layout will achieve an open and welcoming atmosphere for public enjoyment, and indicate in a plan showing the time and extent of area allowing free public access and enjoyment. 三個場地是社會寶貴而獨特的財富，建議者需讓公眾在不影響其運作的情況下開放全部或部分場地供公

眾使用。請詳述擬議的場地佈局如何符合開放及歡迎公眾使用的要求，並請提供詳細資料和圖則清楚列

明可讓公眾使用的場地範圍和開放時間。

Appendix 3

95

Initial 簡簽

(B)(III) SUSTAINABILITY OF SITE LAYOUT 場地佈局的可持續性

1. Please elaborate the sustainable design principles / elements in the proposed layout of the Sites that would support the future sustainable operation of the Sites upon their handing over to the Government.

請詳述擬議場地佈局的可持續性設計原則/元素及如何支持在場地交還政府後的可持續運作。

(B)(IV) PUBLIC ENGAGEMENT FOR INTENDED OPERATION(S) 預期營運的公眾參與

1. Please elaborate on the Proponent’s conducted (if any) / proposed public engagement for the proposed facilities for its intended operation(s). 請建議者詳述就擬議的場地設施曾進行（如有）/將進行的公眾參與計劃。

Appendix 3

96

Initial 簡簽

(B)(V) PROPOSED DESIGN AND CONSTRUCTION COST AND THE EXPECTED CONSTRUCTION PERIOD 建議設計的工程造價及預計工程時間

1. Please provide a list of structures / facilities proposed for constructing / modifying at the Sites with estimated construction cost. Please note that detailed design will be undertaken by Architectural Services Department’s consultants. 請提供擬在場地建設／改善的建構物／設施清單及成本預算。深化設計將由建築署顧問負責執行。

Does the Proponent propose to fully self-finance and undertake the construction works without resorting to any funding and technical support from the Government?

建議者是否建議負責自我出資及承擔全部建造工程，而不需政府的財政及技術支持？

No (please complete Table1) 否(請填表一)

Yes (please complete Table 2) 是(請填表二)

Shall the Proponent propose to fund the additional design and construction cost which exceeds the ceiling of HK$20 million to be financed by the Government, please complete Table 1 and Table 2. 如設計及工程費超出政府承擔的二千萬港元而建議者建議負責出資承擔超出的工程費用，請填表一及表

二。

TABLE 1 - Construction works to be financed by the Government 表一 - 工程費用由政府承擔 For construction works to be financed by the Government, please list below the estimated cost breakdown and assumptions for construction /modification works of Sites 2 & 3. Please extend this table if necessary. 如工程費用由政府承擔，請於下表列出在二號及三號場擬建設/改善的工程預計成本。如有需要，請延長下表。

Item 項目 Details 詳情 Estimated Cost

預計成本

(HK$’000)(千港元)

1. Government site clearance

政府場地清理

2. Government building works

政府建築工程

3. Government building services works

政府屋宇裝備工作

4. Government external plumbing and

drainage works (e.g. drainage

connections to public mains)

政府室外水管及渠務工作

(例如:公共渠務設施接駁)

5. Government external works (e.g.

landscaping, fencing, etc.)

政府外部公程(例如:綠化、圍欄等)

Appendix 3

97

Initial 簡簽

6. Government Consultants’ fee

(by ArchSD)

政府顧問費用 (由建築署提供)

7. Contingencies 應急費用

Total 總額*

Anticipated Construction Period 預計項目建築工程時間 Months 月

* Total must be equal to or less than HK$20M *總額需等同或少於 2 千萬港元

TABLE 2 – Construction works to be self-financed by the Proponent

表二 - 工程費用由議者建全數承擔

For construction works to be self-financed by the Proponent, please list below the estimated cost breakdown and assumptions for construction /modification works of Sites 2 & 3. Please extend this table if necessary. 如建議者建議負責自我出資及承擔全部建造工程，請於下表列出在二號及三號場擬建/改善的工程預計成本；

如有需要，請延長下表。

Item 項目 Details 詳情 Estimated Cost

預計成本

(HK$’000)(千港元)

1. Site clearance

場地清理

2. Building works

建築工程

3. Building services works

大樓屋宇裝備工作

4. External plumbing and drainage

works (e.g. drainage connections to

public mains)

室外水管及渠務工作

(例如:公共渠務設拖接駁)

5. External works (e.g. landscaping,

fencing, etc.)

外部工程(例如:綠化、圍欄等)

6. Consultants’ fee

顧問費用

7. Contingencies 應急費用

Total 總額*

Anticipated Construction Period 預計項目建築工程時間 Months 月

Appendix 3 Cont’ (B)(V)1 Table 1

98

Initial 簡簽

TABLE 3 – Cost of Fitting-out works 表三 - 裝修工程費用 For fitting-out works and furnishing costs for Sites 1, 2 and 3 to be self-financed by the Proponent, please list below the estimated cost breakdown. Please extend this table if necessary. 請建議者於下表列出擬在一號、二號及三號場自資進行的裝修及陳設工程的明細。如有需要，請延長下表。

Item 項目 Details 詳情 Estimated Cost

預計成本 (HK$'000)(千港元)

Site 1

Site 2

Site 3

Total 總額

Appendix 3

99

Initial 簡簽

TABLE 4 – Starting costs 表四 - 開辦成本

Please list below expenditure items to be incurred before the commencement of operation. Costs incurred during the pre-operating period are regarded as starting costs. 請列出營業前所產生的開支項目。所有在營業前所產生的開支也應視為開辦成本。

預計成本　Estimated Cost(HK$ ’000)

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

總計Total

項目Item

Appendix 3

100

Initial 簡簽

2. Project Implementation Table. Please extend this table if necessary. 項目推行時間表。如有需要，可將此列表伸延。

Task 工作 Timetable 時間表 Site 1

Site 2

Site 3

Appendix 3

101

Initial 簡簽

(B)(VI) BRANDING OF THE SITES 場地設施品牌

1. Please elaborate on the branding of the Sites. 請詳述場地的品牌。

(C) MANAGEMENT CAPACITY AND GOVERNANCE 管理能力及管治 (This forms part of the assessment of the Proposal. Please refer to part D of paragraph 6.2.1 of the IFP for details) (此部份將用作評估建議書，詳情請見建議邀請書第 6.2.1 段的 D 部份)

(C)(I) GOVERNANCE STANDARDS 管治標準

1. Please list the Proponent’s appointed and/or proposed board of directors of the SPC, if selected: 請列出建議者如獲選後將為特設公司任命及/或建議的董事會名單:

Name姓名 Organisation機構 Title職銜

Any previous directorship/ advisory role with members of the

JV 以往有否擔任領導／顧問的職務

(Y/N) (是/否)

Appendix 3

102

Initial 簡簽

2. Please illustrate the governance structure with a complete organization chart of the SPC and the risk control mechanism established for the SPC, including the procurement process, sub-letting of the Sites, schedule of delegated authority and internal audit. 請以完整的組織架構圖說明特設公司的管治架構及風險控制機制，包括採購流程、分租場地及設施、轉

授職權時間表及內部審計。

3. Please outline the performance management system and key performance indicators which

will be used to evaluate the effectiveness of the Proponent’s operation, both qualitatively and quantitatively, and also in terms of project specific outcomes and longer term outcomes pertaining to the Proponent’s vision for the Project.

請建議者簡述用於評估營運效益的業績管理制度及主要成效指標，包括定質及定量評估；及該項目的預

期特別成效及遠期成效以達至建議者對本項目的願景。

Appendix 3

103

Initial 簡簽

4. Please explain the management accountability, roles and responsibilities and synergy amongst the management team and JV partners, if any.

請說明管理團隊及協辦機構（如適用）之間的問責制度、角色、職責及協同效應。

(C)(II) MANAGEMENT RESOURCES, TRAFFIC, SECURITY AND CROWD CONTROL CAPABILITY 管理資源、交通、保安及人流管制能力

1. Please provide detailed information including an organization chart of project manager, consultants, specialists or technical advisers engaged / assisted in the preparation of the Proposal (Submission Team). 請提供協助編寫建議書的項目經理、顧問、專家或技術顧問(建議書團隊)的資料及其組織架構圖，並說明

其參與計劃各項目的詳情:

Name 名稱 Website 網址 Nature of Service 服務性質

Appendix 3

104

Initial 簡簽

2. Please provide detailed information including an organization chart of the key personnel including project manager, consultants, specialists or technical advisers to be engaged to implement the Proposal (Implementation Team). 請提供擬聘用執行本計劃的主要成員，包括項目經理、顧問、專家或技術顧問(執行團隊)的資料及其組織

架構圖，並說明其將參與計劃各項目的詳情:

Name 名稱 Website 網址 Nature of Service 服務性質

3. Please elaborate on the Proponent’s resources to ensure timely delivery of the Project if

selected (e.g. project management personnel for fitting out, promotion, sub-letting, programming, procurement of goods and services, etc.) 請建議者詳述如獲選後的所需資源，以確保項目的如期營運 (如負責裝修工程、推廣工作、分租、節目策

劃、貨品採購等的項目管理人員)。

Appendix 3

105

Initial 簡簽

4. Please elaborate the Proponent’s preliminary plan for traffic, security service, crowd control management and emergency evacuation.

請詳述建議者對交通、保安、人流管制及緊急人群疏散的初步安排。

5. Please give a breakdown of the proposed manpower plan for the initial year of operation: 請列出首年營運擬用的人力資源:

Managerial/Supervisory 管理/監督

Operational/Supporting 營運/支援

Full Time

全職 Number 人數: ________________________ Number 人數: _________________________

Part Time

兼職 Number 人數: ________________________ Number 人數: _________________________

Volunteers

義工 Number 人數: ________________________ Number 人數: _________________________

6. Please attach an organization chart and provide below information on all staff (including full

time and part time positions) to be recruited to operate, maintain and manage the Sites. If a person has already been identified for a position, please provide the name, post /title in the management team, academic qualifications and relevant experience, including the years of experience in managing creativity, arts and culture related organization(s). If a person has yet to be identified, please provide the post /title, required academic qualifications and work experience to fill the post. Please also indicate if the Proponent plans to engage any major subcontractors/service providers to help in the service delivery.

請於下表填上所有擬為管理場地及設施而招聘的員工（包括全職及兼職）資料及提交組織架構圖。如有

成員職位已被確定，請提供姓名、職位/職銜、學術專業資格及相關經驗，包括於創意、藝術及文化相關

機構的工作經驗。如成員職位未被確定，請提供職位/職銜、該職位的學術專業資格要求及所需經驗。另

請說明如建議者有計劃聘用任何主要分包商/服務供應商以提供服務。

Appendix 3

106

Initial 簡簽

Post/Title* & Name (if applicable) 職位/職銜*及於姓名

(如適用)

Qualifications 專業資格

Minimum Years of Relevant Work

Experience 相關工作經驗最少年資

Full/Part Time 全職/兼職

* Please indicate the number of posts in bracket after the post title if there are to be more than one position in the organization with the same title and requirements. * 如多於一個職位使用相同職銜、要求及薪酬，請於職銜後加我號並在內註明數量。

Subcontractors/Service Providers 分包商/服務供應商

Name 名稱

Website 網址

Nature of Service (e.g. IT, marketing

communications, HR, financial management, customer service,

CRM) 服務性質

(例資訊科技，市場傳播，人力資源，

財務管理，客戶服務，客戶關係管理)

Years of working with the

subcontractor/ service provider

與分包商/服務供應商

合作年數

Appendix 3 Cont’ (C)(II)6

107

Initial 簡簽

7. Please explain the key strengths/competences and challenges of the Proponent’s management team.

請建議者說明貴管理團隊的主要優勢/能力及預期挑戰。 Strengths/Competences 優勢/能力

Challenges 挑戰

8. Please outline the Proponent’s staff recruitment plan and any envisaged changes in the staff

establishment from Year Zero to Year 4. 請建議者簡述從第零年至第四年營運期的員工招聘計劃及預計在人員編制上的改變。

Appendix 3

108

Initial 簡簽

(C)(III) INTERNAL AND EXTERNAL COLLABORATIVE CAPACITY AND SKILLS 內外部協作能力及技巧

1. How does the Proponent envisage the future working relationship with Energizing Kowloon East Office in terms of programming, funding, marketing and branding of the Sites? 建議者如何展望與起動九龍東辦事處的未來合作關係，包括節目策劃，推廣及場地品牌？

2. Please provide a list of major local, regional or international partners that the Proponent

intends to collaborate with in delivering programmes or creativity, arts and culture at the Sites, including public education and art talent development. If the Proponent has already obtained the in-principle agreement of any organizations to work jointly on the programmes at the Sites, please ask them to indicate their intent, using the pro-forma at Appendix 5.

請列明有意與建議者於場地合辦創意、藝術及文化活動及公共教育及藝術人才培訓計劃的主要本地、地

區及國際性機構。如建議者已經與任何機構取得原則性合辦活動的協議，請填妥附件 5。

Hong Kong Collaborators 香港合作機構

Name of Organization 機構名稱

Nature of Organization (creativity, arts and culture related organizations, educational bodies,

NGOs, government agencies, commercial entities)

機構性質 （創意、藝術及文化相關機構，教育團體，非政府組織，政府機構，商業

機構）

Nature of Collaboration (expertise, funding, promotion

support) 合作性質

(專業技術，資金，推廣)

Appendix 3

109

Initial 簡簽

(Cont’ (C)(III)2) Regional Collaborators 區域合作機構

Name of Organization 機構名稱

Nature of Organization (creativity, arts and culture related organizations, educational bodies,

NGOs, government agencies, commercial entities)

機構性質 （創意、藝術及文化相關機構，教育團體，非政府組織，政府機構，商業

機構）

Nature of Collaboration (expertise, funding, promotion

support) 合作性質

(專業技術，資金，推廣)

International Collaborators 國際合作機構

Name of Organization 機構名稱

Nature of Organization (creativity, arts and culture related organizations, educational bodies,

NGOs, government agencies, commercial entities)

機構性質 （創意、藝術及文化相關機構，教育團體，非政府組織，政府機構，商業

機構）

Nature of Collaboration (expertise, funding, promotion

support) 合作性質

(專業技術，資金，推廣)

3. Please explain how the Proponent intends to engage various stakeholders in designing,

planning and co-creating the programmes including educational programmes for creativity, arts and culture at the Sites. The Proponent may give examples to demonstrate its approach. 請建議者說明如何與各持份者共同設計，規劃及創造場地的創意、藝術及文化活動包括教育計劃。建議

者可舉例說明方法。

Appendix 3

110 Initial

簡簽

BUSINESS PLAN 業務計劃 (This forms part of the assessment of the Proposal. Please refer to part D of paragraph 6.2.1 of the IFP for details) (此部份將用作評估建議書，詳情請見建議邀請書第 6.2.1 段的D 部份)

Please provide a 4-year Business Plan to describe the Proponent’s plans for the Project, the proposed uses, the implementation method(s), including an analysis on the market, description of the service, the business marketing strategies, promotion and sub-letting of the Sites including pre-licensing/licensing arrangement and operation plans. Please take note of the principles described in paragraph 5.1.3 of the IFP when formulating the Business Plan. 請提交四年的業務計劃並闡述有關計劃的推行方法，當中應包括市場分析、服務的描述、

業務行銷策略推廣、分租設施包括申領牌照之前期工作和營辦計劃等分析。請參考本建議

邀請書第 5.1.3 段內有關擬訂業務計劃的原則。

Appendix 4a

111 Initial

簡簽

PROJECTED INCOME AND EXPENDITURE STATEMENT 預期收支結算表

(This forms part of the assessment of the Proposal. Please refer to part D of paragraph 6.2.1 of the

IFP for details) (此部份將用作評估建議書，詳情請見建議邀請書第 6.2.1 段的D 部份)

Financial projection for four years must be provided (note 1).

必須提供四年財務估算(備註 1)。

第一年 第二年 第三年 第四年 總額

Year 1 Year 2 Year 3 Year 4 Total

HK$ ’000 HK$ ’000 HK$ ’000 HK$ ’000 HK$ ’000

營運收入(備註 2)

Operating Income(Note 2)

一號場 Site 1

1.

2.

3.

二號場 Site 2

4.

5.

6.

三號場 Site 3

7.

8.

9.

總收入 Total Income (a)

Appendix 4b

112 Initial

簡簽

銷售成本(備註 2)

Cost of Sales (Note 2)

一號場 Site 1

1.

2.

3.

二號場 Site 2

4.

5.

6.

三號場 Site 3

7.

8.

9.

總銷售成本

Total Cost of Sales (b)

毛利 Gross Profit (a) - (b)

毛利率 Gross Margin %

[(a)-(b)]/(a)

其他收入(備註 3)

Other income (Note 3)

捐款 Donations

其他(請註明) Others

(please specify)

總其他收入

Total Other Income (c)

Appendix 4b

113 Initial

簡簽

第一年 第二年 第三年 第四年 總額

Year 1 Year 2 Year 3 Year 4 Total

HK$ ’000 HK$ ’000 HK$ ’000 HK$'000 HK$ ’000

營運開支(備註 4)

Operating Expenses (Note 4)

薪酬、津貼

和強積金供款

(備註 5)

Salaries,

allowances and

MPF (Note 5)

租金 Rent

水電煤 Utilities

保險費 Insurance

premium

專業服務費 Professional

Service Fee

折舊 Depreciation

宣傳開支 Publicity

expenses

維修及保養費

(備註 6)

Repair and

maintenance (Note 6)

審計費用 Audit fee

法律費用 Legal fee

銀行費用 Bank

charges

外判費用

(請註明每項

服務)

Outsourcing

expenses (please

specify for each

service)

1.

2.

3.

4.

Appendix 4b

114 Initial

簡簽

Continued (續上頁)

第一年 第二年 第三年 第四年 總額

Year 1 Year 2 Year 3 Year 4 Total

HK$ ’000 HK$ ’000 HK$ ’000 HK$'000 HK$ ’000

有關連人士

/機構服務費

(請註明每項

服務)

(備註 7)

Service fees

payable to

related parties/

organisations

(please specify

for each service) (Note 7)

1.

2.

3.

4.

其他支出

(請註明每項

性質)

Other expenses

(please specify by

nature)

1.

2.

3.

4.

5.

6.

7.

8.

總營運開支

Total Operating Expenses (d)

純利/虧損 Net Profit/(Deficit)

(a) - (b) + (c) - (d)

Appendix 4b

115 Initial

簡簽

Note 備註:

1. For the purpose of this projection table, each year should cover a 12-month period. All projection should be based on the price level of September 2014 and the inflation factor should not be taken into account. 就本預計結算表而言，每年須涵蓋十二個月。所有估算須根據 2014 年 9 月

的價格，無需考慮通脹因素。

2. For the assumptions and bases of calculation on Income and Cost of Sales, please provide details in Appendix 4c. 有關收入及銷售成本的假設及計算基準，請詳列於附錄 4c 部分。

3. Please specify the source(s) of any other income (e.g. bank interest). 請註列任何其他收入（如：銀行利息）的來源。

4. For the assumptions and bases of calculation on Expenditure Items, please provide details in Appendix 4e. 有關支出的假設及計算基準，請詳列於附錄 4e 部分。

5. For breakdown of staff costs, please provide details in Appendix 4f. 有關員工開支預算的細項，請詳列於附錄 4f 部分。

6. Repair and maintenance charges include repair and maintenance of structures, building services, facilities and equipment funded/provided by the Proponent and the maintenance of vegetation within the Sites. Please note that free warranty is usually provided in the first year of operation. 維修及保養費包括維修及保養場地範圍內由建議者出資及承擔的建築及建

構物、屋宇裝備、設施及有關的器材以及保養場地的植物。請注意首年營運

一般享有免費保用。

7. Please list out all inter-charging arrangement for services provided by related parties / organisations, including the nature of service and charging basis. 請列出所有由關連人士 /機構提供之服務及服務收費準則。

Appendix 4b

116 Initial

簡簽

第一年 Year 1

收入項目 Income Type

主要假設及計算基準 Key Assumptions and Bases of Calculation 金額

Amount HK$ ’000

單價/單位成本 Unit Price / Unit Cost

數量 Quantity

計算基準說明 Explanation on Bases of

Calculation and Benchmarking 一號場 Site 1

1.

收入 Income

銷售成本(請註明每項性質) Cost of Sales (please specify by nature)

毛利 Gross Profit

毛利率 Gross Profit Margin %

2.

收入 Income

銷售成本(請註明每項性質) Cost of Sales (please specify by nature)

毛利 Gross Profit

毛利率 Gross Profit Margin %

3.

收入 Income

銷售成本(請註明每項性質) Cost of Sales (please specify by nature)

毛利 Gross Profit

毛利率 Gross Profit Margin %

ASSUMPTIONS AND BASES OF CALCULATION OF INCOME AND COST OF SALES BY INCOME TYPE 每種收入項目及其成本的假設及計算基準 (This forms part of the assessment of the Proposal. Please refer to part D of paragraph 6.2.1 of the IFP for details) (此部份將用作評估建議書，詳情請見建議邀請書第 6.2.1 段的D 部份) Please state the assumptions and bases of calculation of income and cost of sales of each income type. 請提供每種收入項目的收入及其成本的計算基準及假設。

Appendix 4c

117 Initial

簡簽

第一年 Year 1

收入項目 Income Type

主要假設及計算基準 Key Assumptions and Bases of Calculation 金額

Amount HK$ ’000

單價/單位成本 Unit Price / Unit Cost

數量 Quantity

計算基準說明 Explanation on Bases of

Calculation and Benchmarking 二號場 Site 2

1.

收入 Income

銷售成本(請註明每項性質) Cost of Sales (please specify by nature)

毛利 Gross Profit

毛利率 Gross Profit Margin %

2.

收入 Income

銷售成本(請註明每項性質) Cost of Sales (please specify by nature)

毛利 Gross Profit

毛利率 Gross Profit Margin %

3.

收入 Income

銷售成本(請註明每項性質) Cost of Sales (please specify by nature)

毛利 Gross Profit

毛利率 Gross Profit Margin %

註 :在此表 提供的 金額必 須與 附錄 4b 部分 預期收 支結算 表所相 對應的 數字相 符。

Note: The amount provided in this table should be the same as the corresponding figures in the Projected Income and Expenditure Statement at Appendix 4b.

Appendix 4c

118 Initial

簡簽

第一年 Year 1

收入項目 Income Type

主要假設及計算基準 Key Assumptions and Bases of Calculation 金額

Amount HK$ ’000

單價/單位成本 Unit Price / Unit Cost

數量 Quantity

計算基準說明 Explanation on Bases of

Calculation and Benchmarking 三號場 Site 3

1.

收入 Income

銷售成本(請註明每項性質) Cost of Sales (please specify by nature)

毛利 Gross Profit

毛利率 Gross Profit Margin %

2.

收入 Income

銷售成本(請註明每項性質) Cost of Sales (please specify by nature)

毛利 Gross Profit

毛利率 Gross Profit Margin %

3.

收入 Income

銷售成本(請註明每項性質) Cost of Sales (please specify by nature)

毛利 Gross Profit

毛利率 Gross Profit Margin %

註 :在此表 提供的 金額必 須與 附錄 4b 部分 預期收 支結算 表所相 對應的 數字相 符。

Note: The amount provided in this table should be the same as the corresponding figures in the Projected Income and Expenditure Statement at Appendix 4b.

Appendix 4c

119 Initial

簡簽

第二年 Year 2

收入項目 Income Type

主要假設及計算基準 Key Assumptions and Bases of Calculation 金額

Amount HK$ ’000

單價/單位成本 Unit Price / Unit Cost

數量 Quantity

計算基準說明 Explanation on Bases of

Calculation and Benchmarking 一號場 Site 1

1.

收入 Income

銷售成本(請註明每項性質) Cost of Sales (please specify by nature)

毛利 Gross Profit

毛利率 Gross Profit Margin %

2.

收入 Income

銷售成本(請註明每項性質) Cost of Sales (please specify by nature)

毛利 Gross Profit

毛利率 Gross Profit Margin %

3.

收入 Income

銷售成本(請註明每項性質) Cost of Sales (please specify by nature)

毛利 Gross Profit

毛利率 Gross Profit Margin %

註 :在此表 提供的 金額必 須與 附錄 4b 部分 預期收 支結算 表所相 對應的 數字相 符。

Note: The amount provided in this table should be the same as the corresponding figures in the Projected Income and Expenditure Statement at Appendix 4b.

Appendix 4c

120 Initial

簡簽

第二年 Year 2

收入項目 Income Type

主要假設及計算基準 Key Assumptions and Bases of Calculation 金額

Amount HK$ ’000

單價/單位成本 Unit Price / Unit Cost

數量 Quantity

計算基準說明 Explanation on Bases of

Calculation and Benchmarking 二號場 Site 2

1.

收入 Income

銷售成本(請註明每項性質) Cost of Sales (please specify by nature)

毛利 Gross Profit

毛利率 Gross Profit Margin %

2.

收入 Income

銷售成本(請註明每項性質) Cost of Sales (please specify by nature)

毛利 Gross Profit

毛利率 Gross Profit Margin %

3.

收入 Income

銷售成本(請註明每項性質) Cost of Sales (please specify by nature)

毛利 Gross Profit

毛利率 Gross Profit Margin %

註 :在此表 提供的 金額必 須與 附錄 4b 部分 預期收 支結算 表所相 對應的 數字相 符。

Note: The amount provided in this table should be the same as the corresponding figures in the Projected Income and Expenditure Statement at Appendix 4b.

Appendix 4c

121 Initial

簡簽

第二年 Year 2

收入項目 Income Type

主要假設及計算基準 Key Assumptions and Bases of Calculation 金額

Amount HK$ ’000

單價/單位成本 Unit Price / Unit Cost

數量 Quantity

計算基準說明 Explanation on Bases of

Calculation and Benchmarking 三號場 Site 3

1.

收入 Income

銷售成本(請註明每項性質) Cost of Sales (please specify by nature)

毛利 Gross Profit

毛利率 Gross Profit Margin %

2.

收入 Income

銷售成本(請註明每項性質) Cost of Sales (please specify by nature)

毛利 Gross Profit

毛利率 Gross Profit Margin %

3.

收入 Income

銷售成本(請註明每項性質) Cost of Sales (please specify by nature)

毛利 Gross Profit

毛利率 Gross Profit Margin %

註 :在此表 提供的 金額必 須與 附錄 4b 部分 預期收 支結算 表所相 對應的 數字相 符。

Note: The amount provided in this table should be the same as the corresponding figures in the Projected Income and Expenditure Statement at Appendix 4b.

Appendix 4c

122 Initial

簡簽

第三年 Year 3

收入項目 Income Type

主要假設及計算基準 Key Assumptions and Bases of Calculation 金額

Amount HK$ ’000

單價/單位成本 Unit Price / Unit Cost

數量 Quantity

計算基準說明 Explanation on Bases of

Calculation and Benchmarking 一號場 Site 1

1.

收入 Income

銷售成本(請註明每項性質) Cost of Sales (please specify by nature)

毛利 Gross Profit

毛利率 Gross Profit Margin %

2.

收入 Income

銷售成本(請註明每項性質) Cost of Sales (please specify by nature)

毛利 Gross Profit

毛利率 Gross Profit Margin %

3.

收入 Income

銷售成本(請註明每項性質) Cost of Sales (please specify by nature)

毛利 Gross Profit

毛利率 Gross Profit Margin %

註 :在此表 提供的 金額必 須與 附錄 4b 部分 預期收 支結算 表所相 對應的 數字相 符。

Note: The amount provided in this table should be the same as the corresponding figures in the Projected Income and Expenditure Statement at Appendix 4b.

Appendix 4c

123 Initial

簡簽

第三年 Year 3

收入項目 Income Type

主要假設及計算基準 Key Assumptions and Bases of Calculation 金額

Amount HK$ ’000

單價/單位成本 Unit Price / Unit Cost

數量 Quantity

計算基準說明 Explanation on Bases of

Calculation and Benchmarking 二號場 Site 2

1.

收入 Income

銷售成本(請註明每項性質) Cost of Sales (please specify by nature)

毛利 Gross Profit

毛利率 Gross Profit Margin %

2.

收入 Income

銷售成本(請註明每項性質) Cost of Sales (please specify by nature)

毛利 Gross Profit

毛利率 Gross Profit Margin %

3.

收入 Income

銷售成本(請註明每項性質) Cost of Sales (please specify by nature)

毛利 Gross Profit

毛利率 Gross Profit Margin %

註 :在此表 提供的 金額必 須與 附錄 4b 部分 預期收 支結算 表所相 對應的 數字相 符。

Note: The amount provided in this table should be the same as the corresponding figures in the Projected Income and Expenditure Statement at Appendix 4b.

Appendix 4c

124 Initial

簡簽

第三年 Year 3

收入項目 Income Type

主要假設及計算基準 Key Assumptions and Bases of Calculation 金額

Amount HK$ ’000

單價/單位成本 Unit Price / Unit Cost

數量 Quantity

計算基準說明 Explanation on Bases of

Calculation and Benchmarking 三號場 Site 3

1.

收入 Income

銷售成本(請註明每項性質) Cost of Sales (please specify by nature)

毛利 Gross Profit

毛利率 Gross Profit Margin %

2.

收入 Income

銷售成本(請註明每項性質) Cost of Sales (please specify by nature)

毛利 Gross Profit

毛利率 Gross Profit Margin %

3.

收入 Income

銷售成本(請註明每項性質) Cost of Sales (please specify by nature)

毛利 Gross Profit

毛利率 Gross Profit Margin %

註 :在此表 提供的 金額必 須與 附錄 4b 部分 預期收 支結算 表所相 對應的 數字相 符。

Note: The amount provided in this table should be the same as the corresponding figures in the Projected Income and Expenditure Statement at Appendix 4b.

Appendix 4c

125 Initial

簡簽

第四年 Year 4

收入項目 Income Type

主要假設及計算基準 Key Assumptions and Bases of Calculation 金額

Amount HK$ ’000

單價/單位成本 Unit Price / Unit Cost

數量 Quantity

計算基準說明 Explanation on Bases of

Calculation and Benchmarking 一號場 Site 1

1.

收入 Income

銷售成本(請註明每項性質) Cost of Sales (please specify by nature)

毛利 Gross Profit

毛利率 Gross Profit Margin %

2.

收入 Income

銷售成本(請註明每項性質) Cost of Sales (please specify by nature)

毛利 Gross Profit

毛利率 Gross Profit Margin %

3.

收入 Income

銷售成本(請註明每項性質) Cost of Sales (please specify by nature)

毛利 Gross Profit

毛利率 Gross Profit Margin % 註 :在此表 提供的 金額必 須與 附錄 4b 部分 預期收 支結算 表所相 對應的 數字相 符。

Note: The amount provided in this table should be the same as the corresponding figures in the Projected Income and Expenditure Statement at Appendix 4b.

Appendix 4c

126 Initial

簡簽

第四年 Year 4

收入項目 Income Type

主要假設及計算基準 Key Assumptions and Bases of Calculation 金額

Amount HK$ ’000

單價/單位成本 Unit Price / Unit Cost

數量 Quantity

計算基準說明 Explanation on Bases of

Calculation and Benchmarking 二號場 Site 2

1.

收入 Income

銷售成本(請註明每項性質) Cost of Sales (please specify by nature)

毛利 Gross Profit

毛利率 Gross Profit Margin %

2.

收入 Income

銷售成本(請註明每項性質) Cost of Sales (please specify by nature)

毛利 Gross Profit

毛利率 Gross Profit Margin %

3.

收入 Income

銷售成本(請註明每項性質) Cost of Sales (please specify by nature)

毛利 Gross Profit

毛利率 Gross Profit Margin %

註 :在此表 提供的 金額必 須與 附錄 4b 部分 預期收 支結算 表所相 對應的 數字相 符。

Note: The amount provided in this table should be the same as the corresponding figures in the Projected Income and Expenditure Statement at Appendix 4b.

Initial簡簽

Appendix 4c

127 Initial

簡簽

第四年 Year 4

收入項目 Income Type

主要假設及計算基準 Key Assumptions and Bases of Calculation 金額

Amount HK$ ’000

單價/單位成本 Unit Price / Unit Cost

數量 Quantity

計算基準說明 Explanation on Bases of

Calculation and Benchmarking 三號場 Site 3

1.

收入 Income

銷售成本(請註明每項性質) Cost of Sales (please specify by nature)

毛利 Gross Profit

毛利率 Gross Profit Margin %

2.

收入 Income

銷售成本(請註明每項性質) Cost of Sales (please specify by nature)

毛利 Gross Profit

毛利率 Gross Profit Margin %

3.

收入 Income

銷售成本(請註明每項性質) Cost of Sales (please specify by nature)

毛利 Gross Profit

毛利率 Gross Profit Margin %

註 :在此表 提供的 金額必 須與 附錄 4b 部分 預期收 支結算 表所相 對應的 數字相 符。

Note: The amount provided in this table should be the same as the corresponding figures in the Projected Income and Expenditure Statement at Appendix 4b. 將

Appendix 4c

128 Initial

簡簽

DEMAND FOR SERVICE(S) TO BE PROVIDED 對日後提供的服務的需求

(This forms part of the assessment of the Proposal. Please refer to part D of paragraph 6.2.1 of the IFP for details) (此部份將用作評估建議書，詳情請見建議邀請書第 6.2.1 段的D 部份)

Please state the projections and assumptions of demand for services, such as number of visitors, entrance fee, occupancy rate, opening hours/days, volume of business with breakdown in different seasons/months with reference to the current market prices and conditions, if available, and indicate also the source of data.

請開列日後提供的服務需求的預測及假設，例如入場人數、入場費、出租率、開放時間/日數、不同季度/

月份的營業額等。請儘量提供現時市場的價格及情況、以及有關資料來源的出處，以作參考。

Appendix 4d

129 Initial

簡簽

KEY ASSUMPTIONS AND BASES OF CALCULATION ON EXPENDITURE ITEMS 每項支出的主要假設及計算基準

(This forms part of the assessment of the Proposal. Please refer to part D of paragraph 6.2.1 of the IFP for details) (此部份將用作評估建議書，詳情請見建議邀請書第 6.2.1 段的D 部份) Please state key assumptions and bases of calculation of each expenditure item, e.g. salary and benefits, repair and maintenance plan. 請提供每項支出項目的主要假設及計算基準。例如：員工的薪酬及福利、維修計劃等。

Appendix 4e

130 Initial

簡簽

STAFF COST PROJECTION 員工薪酬開支預算表 (This forms part of the assessment of the Proposal. Please refer to part D of paragraph 6.2.1 of the IFP for details) (此部份將用作評估建議書，詳情請見建議邀請書第 6.2.1 段的D 部份)

Full-time 全職職位

職位(全職) 職員

數目

僱用對象

1

年薪2

聘用日期和時

期

第一年

薪酬總開支

(包括強積

金)

第二年4

薪酬總開支

(包括強積

金)

第三年4

薪酬總開支

(包括強積

金)

第四年4

薪酬總開支

(包括強積

金)

總薪酬開支

(包括強積

金)

Position

(Full-time)

Number

of Staff

Target

Group1

Annual

Salary2

(HK$)

Period and

Length of

Employment

1st Year

Staff Cost

(with

MPF)

(HK$'000)

2nd Year4

Staff Cost

(with

MPF)

(HK$'000)

3rd Year4

Staff Cost

(with

MPF)

(HK$'000)

4th Year4

Staff Cost

(with

MPF)

(HK$'000)

Total

Staff Cost

(with

MPF)

(HK$'000)

Appendix 4f

131 Initial

簡簽

Continued (續上頁)

職位(全職) 職員

數目

僱用對象

1

年薪2

聘用日期和時

期

第一年

薪酬總開支

(包括強積

金)

第二年4

薪酬總開支

(包括強積

金)

第三年4

薪酬總開支

(包括強積

金)

第四年4

薪酬總開支

(包括強積

金)

總薪酬開支

(包括強積

金)

Position

(Full-time)

Number

of Staff

Target

Group1

Annual

Salary2

(HK$)

Period and

Length of

Employment

1st Year

Staff Cost

(with

MPF)

(HK$'000)

2nd Year4

Staff Cost

(with

MPF)

(HK$'000)

3rd Year4

Staff Cost

(with

MPF)

(HK$'000)

4th Year4

Staff Cost

(with

MPF)

(HK$'000)

Total

Staff Cost

(with

MPF)

(HK$'000)

小計(全職)

Sub-total

(Full-time)

Appendix 4f

132 Initial

簡簽

Part-t ime 兼職職位

職位(兼職) 職員

數目

僱用對

象1

時薪3

每年工作

時數

第一年

薪酬總開支

(包括強積

金)

第二年4

薪酬總開支

(包括強積

金)

第三年4

薪酬總開支

(包括強積

金)

第四年4

薪酬總開支

(包括強積

金)

總薪酬開支

(包括強積

金)

Position

(Part-time)

Number

of Staff

Target

Group1

Hourly

Wages3

(HK$)

Annual

Working

Hours

1st Year

Staff Cost

(with

MPF)

(HK$'000)

2nd Year4

Staff Cost

(with

MPF)

(HK$'000)

3rd Year4

Staff Cost

(with

MPF)

(HK$'000)

4th Year4

Staff Cost

(with

MPF)

(HK$'000)

Total

Staff Cost

(with

MPF)

(HK$'000)

Appendix 4f

133 Initial

簡簽

Continued (續上頁)

小計(兼職)

Sub-total

(Part-time)

總數

Grand total

Appendix 4f

134 Initial

簡簽

Notes 備註:

1. Please list out any special target group(s) to be employed, e.g. underprivileged groups.

If the staff is not from any special target group, please fill in N/A. 請列明僱用的特定目標對象類別，例如：弱勢社群。如沒有任何特定目標對象，請

填 N/A。 2. Annual salary includes all staff rewards, e.g. employers’ contribution of MPF, any staff benefits, allowances and year-end bonus. 年薪應包括員工的所有報酬，如強積金之僱主供款、任何員工福利、津貼及年終花

紅。

3. Respondents must observe the statutory minimum wage requirement effective from 1 May 2013 as stipulated in the Minimum Wage Ordinance (Cap. 608). 工資必須符合《最低工資條例》(第 608 章 )由 2013 年 5 月 1 日開始實施的法定最低

工資。

4. All calculation should be based on the price level of September 2014 and the inflation factor should not be taken into account. 所有計算須根據 2014 年 9 月的價格，並毋需考慮通脹因素。

5. Staff information as set out in this part shall tally with paragraph 6 under Part C(II) of Appendix 3 on job(s) to be created. 此部分所列載的員工資料必須與附件三 C(II)第 6 段預期創造職位符合。

Appendix 4f

135 Initial

簡簽

COST CONTROL MEASURES 成本控制措施

(This forms part of the assessment of the Proposal. Please refer to part D of paragraph 6.2.1 of the IFP for details) (此部份將用作評估建議書，詳情請見建議邀請書第 6.2.1 段的D 部份) Please list out cost-saving measures on capital and/or operating expenses (if any), whether the proposed budget is prudent, realistic and cost-effective, giving full justifications for the main expenditure items. 請列出控制資本開支或 /及營運成本上所採取的措施 (如有 )，建議的預算是否審慎務實、符

合成本效益，以及主要的開支項目是否備有充分的理據支持。

Appendix 4g

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FINANCIAL VIABILITY AND SUSTAINABILITY 財務可行及可持續性

(This forms part of the assessment of the Proposal. Please refer to part D of paragraph 6.2.1 of the IFP for details) (此部份將用作評估建議書，詳情請見建議邀請書第 6.2.1 段的D 部份) Please provide justification(s) on how financial viability/sustainability can be maintained in the tenancy period of 4 years.

請提出理據以證明租約期四年內能維持財務可行及持續營運。

Please elaborate on the Proponent’s funding and financing strategy (e.g. the approach, skill sets, team composition of the dedicated team, and other relevant information) with emphasis on the Proponent’s funding plan to ensure the financial sustainability of the operation. Please also indicate if the Proponent has already identified some potential funders, donors and/or sponsors and the nature of their commitment. 請詳述建議者的資金及融資策略(例:方法、技巧，專業團隊組合及其他相關資料)並重點說明建議者的資金計

劃以確保財務上的可持續性。如已聯絡投資者或贊助商，請註明他們對該項目的合約關係。

Appendix 4h

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CHECKLIST ON FINANCIAL INFORMATION 財務資料核對清單 (This forms part of the assessment of the Proposal. Please refer to part D of paragraph 6.2.1 of the IFP for details) (此部份將用作評估建議書，詳情請見建議邀請書第 6.2.1 段的D 部份)

(To be signed by a the Chairperson or Chief Executive of the Proponent or the lead party(for joint application) before submitting the application) (由建議者的主席或總幹事簽署核實，若是聯合申請，則為主要申請成員的主席或總幹事簽署核實，然後連同建議書一併提交)

I hereby confirm the following 本人確認下述各項:

Please Tick

請加上“”號

(i) The submission of income and expenditure projections is free of arithmetical errors and inconsistencies.

收入/開支預算計算準確，並且前後一致。

(ii) All calculations are based are on the price level of September 2014 and excluding the inflation factor.

所有計算均根據 2014 年 9 月的價格並撇除通脹因素。

(iii) An editable electronic copy of all situations, i.e. with calculations and formulae provided, used in the financial analysis is included.

已提交一份可予編輯的電子檔案，載有財政分析所考慮的各種情況連同計算詳情和公式在內。

(iv) Financial analysis has been submitted in accordance with Part/Para. _________________ of the Proposal. The submission can demonstrate the financial capability of the Proponent to undertake the furnishing, management, operation and maintenance of the site and fund any shortfall or cost overruns that may occur. The proposed financing is without recourse to the Government.

財務分析已按照第 部分/段提交。建議書能證明建議者的財政能力，並可承擔場地的裝修工程、日後管理、營運的開支以及應付資金不足或超支的情況。擬議的財務計劃是毋須追索政府。

(v) Details of calculation of income, cost of sales and expenditure over the projection period have been provided in Part/Para.___________________.

預算期內的收入、銷售成本及開支的計算已詳載於申請書的第 部分/段。

(vi) Major assumptions that underline the forecast are provided in Part/Para. __________________ of the Proposal. For example, number of visitors, entrance fee, occupancy rate, opening hours/days, unit charge/revenue, volume of goods sold, costs of sales, etc. Cyclical/Seasonal factors have been taken into consideration.

用作預測的主要假設載於申請書的第 部分/段，例如入場人數、入場費、出租率、開放時間/日數、單位收費/收入、銷貨數量、銷售成本等。週期性/季節性因素已作考慮。

(vii) Benchmarking of the proposed fee with the market and the relevant business statistics in the past three years, if any, is provided in the Part/Para. ____________________ of the Proposal.

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建議收費的基準連同過去 3 年的市場及相關行業統計數字(如有)已載於申請書第 部分/段。

(viii) Estimates on repairs and maintenance of facilities/equipment in the Sites have been critically assessed taking into account that free warranty is usually given in the first year of operation.

三個場地設施/設備的維修及保養費用已予以謹慎評估，其中已考慮營運首年一般享有的免費保用。

(ix) The donation is/is not* a major source of income and will/will not* continue to be available over the projection period. Details of donation are stated in Part/Para.___________ and Appendix 5 of the Proposal.

捐款是/不是*主要收入來源，在預算期內仍會/不會*再次獲得。有關捐款的詳情載於建議書的第_________部分/段及附件 5。

(x) Possible adverse change to income and costs have been identified and disclosed in Part/Para. ________________of the Proposal.

收入及成本可能會出現的不良轉變已予確認，並於建議書的第 部分/段披露。

(xi) Audited Accounts including Balance Sheet and Income and Expenditure Statement of the Proponent for the past three years are/are not* available and are / are not* submitted with the Proposal.

現時備有/未備有*已審計的帳目(包括建議者過去3年的資產負債表和收入及開支結算表)，這些帳目已/未有*連同建議書提交。

(xii) Estimates on the fee of bonds, guarantee, undertakings of indemnities have been critically assessed.

擔保及承擔賠償保證的費用已予以評估。

(xiii) The financial projections on salaries and wages comply with the minimum wage effective from 1 May 2013 under the Minimum Wage Ordinance (Cap. 608).

員工薪酬開支預算符合《最低工資條例》 (第 608 章)由 2013 年 5 月 1 日起實施的最低工資。

* Please delete as appropriate 請刪去不適用者

__________________________________________

Signed by 簽署

(Name of Chairperson / Chief Executive)

(主席/總幹事姓名)

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APPENDIX 5 LETTER(S) OF SUPPORT 支持函件 (see paragraph 2 of Appendix 3(C)(III)) (見附件三(C)(III) 第2段)

To: The Government of the Hong Kong Special Administrative Region (the

“Government”)

致 : 香港特別行政區政府

We support _____________________________ (name of the Proponent) to become the operator for Site 1, Site

2 and Site 3 under Kwun Tong Bypass.

本機構支持_____________________________ (建議者名稱)成為觀塘繞道下一號場、二號場及三號場的營運者。

We are interested in becoming programme partners of the aforementioned Proponent should it be

awarded the operating rights and in providing the following support:

本機構有意成為上述建議者被授予營運權利的節目合作夥伴，並提供以下支援：

Programme content and development 節目內容及發展

Expertise and advisory services 專業技術及顧問服務

Promotional support 推廣支援

Funding support 資金支援 Amount 總額 $ ______________________

Others (please specify): 其他（請註明）：

Name姓名 ________________________________ Post Title職銜: _____________________

Organization機構 __________________________ Website網址: _______________________

Telephone電話_____________________________ Email電郵: ______________________

Date日期__________________________________

Signature 簽署 ___________________________ Chop蓋章: ________________________

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APPENDIX 6

UNDERTAKINGS TO PERFORMANCE GUARANTEE 業績擔保承諾 (This forms part of the assessment of the Proposal. Please refer to part D of paragraph 6.2.1 of the

IFP for details) (此部份將用作評估建議書，詳情請見建議邀請書第6.2.1段的D部份)

Is this project going to have performance bond issued by bank or insurance company or

performance guarantee by parent company of the Proponent?

這項目是否擁有由銀行或保險公司發行的履約保證金或由建議者母公司的業績擔保?

Yes 是

No 否

If Yes, please provide the following details.

如是，請提供以下詳情。

1. Guarantor 擔保人

Organization/Enterprise 機構／企業 ______________________________________

2. Relationship with Proponent 與建議者的關係

No 否 Yes (please specify) 是(請註明)

3. Performance guarantee Amount 業績保證金額 ____________________________________

4. Performance guarantee Duration 業績保證期限 _______________________________________

5. Purpose(s) of performance guarantee 業績保證用途_______________________________________

Note: This section can be extended if necessary.

備註: 如有需要，可將此列表伸延。

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APPENDIX 7 FORM OF DECLARATION 聲明表格 To: The Government of the Hong Kong Special Administrative Region (the

“Government”)

致 : 香港特別行政區政府

DECLARATION 聲明

1. We refer to the Invitation for Proposal for Operator for Three Sites under Kwun Tong Bypass issued by

the Government acting through Energizing Kowloon East Office (EKEO) in October 2014 (“IFP”). Terms

and expression defined in the IFP shall have the same meanings when used in this document.

本機構引述由政府起動九龍東辦事處於2014年10月發出的觀塘繞道下三個場地的創意、藝術及文化建意邀請書

(“IFP”) 。建議邀請書所界定的詞彙和措辭與本文具有相同涵義。

2 We hereby submit the Proposal in response to the IFP and agree to be bound by the terms and

conditions of the IFP.

本建議者謹此就建議邀請提交建議書，並同意受邀請書內的條款及細則所約束。

3 We declare that we have carefully examined and fully understand all of the information provided in the

IFP and all subsequent addenda, if any.

本建議者就此聲明已細閱及充分理解邀請書及其後如有追加的補充資料。

4 We declare that all information given by us in the Proposal is true and correct. We understand that any

inaccurate information may render the Proposal invalid.

本建議者就此聲明在本建議書中所有資料均屬真確無誤，並明白如填報不確，申請可能會被當無效。

5 We declare to keep our Proposal open for acceptance throughout the Validity Period (or such longer

period as may be agreed in writing) without unilaterally varying or amending its terms and, if applicable,

without any member withdrawing or any other change being made in the composition of the consortium

or joint venture on whose behalf this Proposal is submitted.

本建議者聲明建議書將於有效期內(或以書面協定的較長期限)不作任何修改或條款修訂 (如適用)，而提交建議書後

不會有任何成員退出或任何其他聯合或合營企業組合的變動。

6 We declare that our Proposal and the information and materials submitted in connection with the

Proposal has been prepared independently, and without consultation, communication, agreement,

arrangement or collusion with other Proponent making the same or similar proposal or any other person

in any manner whatsoever for and in connection with the IFP, the execution of the Tenancy Agreement

or otherwise with the Project. We understand that any breach or non-compliance of this declaration

shall, without affecting our liability for such breach or non-compliance, result in our Proposal being

invalidated and if the Tenancy Agreement has been awarded, the Tenancy Agreement is liable for

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termination by the Government without compensation.

本建議者聲明此建議書及有關建議書的任何資料及資訊為獨立編制，並未與其他申請人協商、溝通、協議、安排

或勾結以作出相同或類似的建議書，亦未與任何其他人士以任何方式保證或執行租約。我們明白若此聲明違反任何

協議或不遵從守則將導致建議書失效，及即使已獲得租約，政府亦有權終止協議，並不獲賠償。

7 We declare that our Associate or Associated Persons have no financial or other interests or relationship

with any staff of the EKEO, except as set out below: [ ]*

* Insert NIL if you have nothing to declare

本建議者聲明我們的負責人或相聯人士並無任何財政或其他利益，亦與起動九龍東辧東處的員工無任何關係，以

下除外：

[ ]*

* 如沒有其他聲明，請填寫不適用

8 We undertake to inform the Government in writing immediately if any conflict of interest arises in

connection with our participation or intention to participate in the IFP process.

本建議者承諾在參與是次建議邀請的過程中，如有任何利益衝突，會立即以書面通知政府。

9 We undertake that we shall not, and shall procure that our employees, agents and consultants shall

not, offer or give any advantage as defined in the Prevention of Bribery Ordinance (Cap. 201) to any staff

of the Government in relation to this IFP and /or any other submissions for and in connection with this

Project.

本建議者承諾就防止賄賂條例(第 201章)所指，我們及其員工、代理商及顧問不會給予政府的任何員工任何與本計

劃有關的利益。

Signed by the Proponent on this ______________________day of ______________________2015**

申請人於2015年 月 日簽署**

** If the Proponent is a consortium or joint venture, all of its members must sign this Declaration.

**如建議者是聯合或合營企業，其所有成員均必須簽署此聲明。

Name of Organization 機構名稱 : ___________________________________________

Authorized Signature with Company Chop

簽署及公司蓋章

Name and Title of Authorized Person

授權人姓名及職銜

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Name of Organization 機構名稱 : ___________________________________

Authorized Signature with Company Chop

簽署及公司蓋章

Name and Title of Authorized Person

授權人姓名及職銜

Name of Organization 機構名稱 : ___________________________________

Authorized Signature with Company Chop

簽署及公司蓋章

Name and Title of Authorized Person

授權人姓名及職銜