Terms of Reference

  • To oversee the Public Private Partnership (PPP) projects (whether procured and contracted by the Authority itself or through a subsidiary and whether on its own account or as agent/manager) from planning, project implementation to successful completion of the capital works of PPP projects including:-
    • to oversee and monitor the development of the hotel/office/residential (HOR) portions of the PPP projects in accordance with the requirements or conditions specified in the Enhanced Financial Arrangement announced by the Government in the 2017 Legislative Council Brief (File Ref: SF(37 to HABCS CR 7/1/7/21/1)) and any agreements entered into between the Authority and the Government;
    • to review and approve or make recommendations to the Board for approval as appropriate all key matters relating to the PPP projects including, inter alia, the project definition, scope of development and business operation, key commercial principles and major risks allocation, expected capital cost and internal rate of return (IRR), and development programme, 2-stage or 1-stage tender process, etc;
    • to decide on or approve the adoption of an interactive workshop process for a PPP project, and the protocols of the conduct of such workshops;
    • to consider and make recommendations to the Board as appropriate the procurement strategy for each PPP project and the development agreement and sub-lease thereof, including the procurement options, the pre-tender estimate of the PPP project (including the Full Market Value (FMV) of the upfront payment of the HOR portions of the PPP projects1), and screening and evaluation criteria, etc. The Board shall be the approver of these matters;
    • to review and make recommendations to the Board as appropriate the tender assessments and reports and awards for the PPP projects;
    • to review and approve or make recommendations to the Board as appropriate on tender or contract variations in accordance with delegated authority;
    • to act in accordance with, monitor and oversee the implementation of the Procurement Guidelines for Public Private Partnership Projects; and
    • to consider and advise the Board on interfacing issues between the PPP projects and other developments within the West Kowloon Cultural District.
  • To monitor and oversee the smooth implementation of the development of the PPP projects and make regular reports to the Board on project progress.
  • To appoint others (including other members of the Board or other external party(ies) to the Authority) as independent professional advisors to the PPP Committee on any specific areas in relation to the PPP projects, and to secure their attendance at its meetings if it considers this necessary. The Authority will pay for any expenses reasonably incurred.
  • To perform any other functions in relation to the PPP projects as may be delegated to it by the Authority or assigned to it by the Board in accordance with the West Kowloon Cultural District Authority Ordinance, Cap.601.

Note 1:  For HOR portions of the PPP projects, the Board shall be the approver of the pre-tender estimate, including Full Market Value (FMV) under specified tender terms of upfront payment to the Government which is the average valuation assessed by three independent valuers or via another methodology as approved by the Board. No sub-delegation to the PPP Committee shall be allowed.