INTERPRETATION by hcj

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									             THE GOVERNMENT OF HONG KONG
             SPECIAL ADMINISTRATIVE REGION
               HOME AFFAIRS DEPARTMENT


             Tender for the Grant of Permit to Operate
             a Café at Lantau Link View Point, Tsing Yi




Tender Ref              :   KC CB/2/6/6

Tender Issue Date       :   12 March 2004

Tender Closing Date     :   20 April 2004
                                          TENDER LABEL




 THE CHAIRMAN, GOVERNMENT LOGISTICS
DEPARTMENT TENDER OPENING COMMITTEE
  Government Logistics Department Tender Box,
  Ground floor, North Point Government Offices,
     333 Java Road, North Point, Hong Kong



      Tender for the Grant of Permit to Operate
      a Café at Lantau Link View Point, Tsing Yi



                  Price Submission




          Tender Ref: KC CB/2/6/6

          Tender Closing Date: 20 April 2004
                                          TENDER LABEL



 THE CHAIRMAN, GOVERNMENT LOGISTICS
DEPARTMENT TENDER OPENING COMMITTEE
  Government Logistics Department Tender Box,
  Ground floor, North Point Government Offices,
     333 Java Road, North Point, Hong Kong



      Tender for the Grant of Permit to Operate
      a Café at Lantau Link View Point, Tsing Yi


                Technical Submission


            Tender Ref: KC CB/2/6/6

            Tender Closing Date: 20 April 2004
Tender Ref: KC CB/2/6/6                                                             Sheet 1


                              INTERPRETATION (SUPPLEMENT)

1.     In this Tender Document, the following words and expressions have the meaning hereby
       assigned to them except when the context otherwise requires:

        „Agreement‟                 means the agreement entered into between Government
                                    and the Contractor on the terms and conditions of the
                                    tender document and any counter-proposals made by the
                                    Tenderer and accepted by the Government Representative
                                    in writing.

        „Approved Food Items        means any combination of the food items in either Group
        for Light Refreshment       C or D of the list of food items for light refreshment
        Restaurants‟                restaurants as stipulated in Contract Schedule 10 subject
                                    to such changes as may be prescribed by the Director of
                                    Food and Environmental Hygiene under the Light
                                    Refreshment Restaurant Licence.

        „Authorized Foods/          means the list of proposed menu items including light
        Services‟                   refreshments, beverages and other food commodities and
                                    services specified in the Contract Schedule 2 which
                                    must be restricted to the Approved Food Items for Light
                                    Refreshment Restaurants and approved by the
                                    Government Representative.

        „Business‟                  means the Contractor‟s business as described in Clause 3
                                    of the Special Conditions of Contract.

        „Contractor‟                means the Tenderer whose tender for grant of the Permit
                                    is accepted by the Government Representative.

        „ Café ‟                    means café including the areas of „Outdoor Seating
                                    Accommodation‟ at the Permit Area.

        „Government‟                means the Government of the Hong Kong Special
                                    Administrative Region.

        „Government                 means the property, machinery and equipment inside the
        Provisions‟                 Permit Area as stipulated in Contract Schedule 9
                                    provided by Government for the Contractor‟s use solely
                                    for the purpose of operating the Business under and in
                                    accordance with the Agreement.

        „Government                 means the Director of Home Affairs acting for and on
        Representative‟             behalf of Government or any duly authorized officer to
                                    act on her behalf for the purpose of the Agreement.

        „Inspection Officer‟        means the officer appointed by the Government
                                    Representative for the purpose of inspecting the Business
                                    carried out by the Contractor under the Agreement.


Interpretation (Supplement)
Tender Ref: KC CB/2/6/6                                                           Sheet 2


        „Letter of Acceptance‟   means the letter that the Government Representative will
                                 issue to the successful Tenderer accepting the latter‟s
                                 tender.

        „Permit‟                 means the right to operate the Business during the Permit
                                 period.

        „Permit Area‟            means the areas of „Café‟ including the „Outdoor Seating
                                 Accommodation‟ as specified in the Contract Schedule
                                 7 and delineated and shown edged red and shaded green
                                 respectively in Annex C.

        „Permit Period‟          means the period during which the Permit is in force and
                                 includes any extension thereof as specified in Clause 2 of
                                 Special Conditions of Contract.

        „Light Refreshment       means the licence including any renewal thereof and any
        Restaurant Licence‟      other approval as may be required to be granted by the
                                 Director of Food and Environmental Hygiene for the
                                 operation of light refreshment restaurants under the
                                 Public Health and Municipal Services Ordinance
                                 (Chapter 132 of Laws of Hong Kong), the Food Business
                                 Regulation (Chapter 132, sub.leg. X) and other
                                 legislation.

        „Monthly Fee Free        means the fitting-out period during which no Monthly
        Decoration Period‟       Permit Fee will be payable by the Contractor, as stated in
                                 Clause 20 of the Terms of Tender (Supplement).

        „Monthly Permit Fee‟     means the fixed monthly Permit fee quoted by the
                                 successful Tenderer in the Contract Schedule 1.

        „Outdoor Seating         means the areas of outdoor seating accommodation
        Accommodation‟           annexed to the „Café‟ as specified in the Contract
                                 Schedule 7 and as delineated and shown shaded green in
                                 Annex C.

        „Person‟                 includes any      body    of   persons,    corporate   or
                                 unincorporated.




Interpretation (Supplement)
Tender Ref: KC CB/2/6/6                                                              Sheet 3



        „Security Deposit‟           means the deposit which the Contractor deposits with
                                     Government in accordance with Clause 6 of the Special
                                     Conditions of Contract for the due and proper
                                     performance of the Agreement.

        „Tender Closing Date‟        means the latest date and time by which tenders shall be
                                     lodged.

        „Tender Document‟            means the documents as specified in Clause 1 of the
                                     Terms of Tender (Supplement).

        „Tenderer‟                   means the person or firm or company submitting this
                                     tender.

        „Tender Validity Period‟     means the period of time as described in Clause 13 of the
                                     Terms of Tender (Supplement) during which the tender
                                     is to remain open.

        „View Point‟                 means the Lantau Link View Point, located at Tsing Yi,
                                     New Territories, Hong Kong, as indicated in Annex B.

2.      In the Agreement, unless the content otherwise requires, the following rules of
        interpretation shall apply –

2.1     “Month” and “Monthly” refer to a calendar month.

2.2     The masculine includes the feminine.

2.3     The singular includes the plural and vice versa.

2.4     Reference to any enactment, order, regulation or other similar instrument shall be
        construed as a reference to the enactment, order, regulation or instrument as amended
        by any subsequent enactment, order, regulation or instrument.

2.5     The heading to individual clauses of the Tender Documents is for ease of reference
        only and shall not affect the interpretation or construction of the Agreement.




Interpretation (Supplement)

								
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