Re : Units 701 to 703 and 705 to 713, 7th Floor, Building 15W,
Phase Three, Hong Kong Science Park, Pak Shek Kok,
New Territories, Hong Kong (“the Premises”)
We, Hong Kong Science and Technology Parks Corporation (“HKSTP”), the owner of the Premises, state and announce as follows:-
(1) By a written Lease dated 24 July 2015 (“Lease”), HKSTP let the Premises to BioCell Technology Limited (formerly known as China Stem Cell Clinical Applications Centre Limited) (“Biocell”) for a term of 6 years expiring on 30 June 2021 (“Expiry Date”), under which Biocell has no option to renew and was obliged to yield up the Premises with vacant possession to HKSTP upon the expiry of the lease term in accordance with the terms of the Lease.
(2) Without prejudice to HKSTP’s claims against Biocell in High Court Action No. 1961 of 2020 commenced on 20 November 2020 for (among others) possession of the Premises on the ground that the Lease had been forfeited by HKSTP for non-payment of rents and/or various charges (which was the 4th legal action of a similar nature during the term of the Lease), the Lease would in any event have expired and come to an end on 30 June 2021. Since around October 2020, HKSTP has repeatedly made clear to Biocell that HKSTP would not renew or enter into any new tenancy with Biocell, and that Biocell was obliged to yield up the Premises with vacant possession to HKSTP at the expiry of the lease term in accordance with the terms of the Lease.
(3) Yet, HKSTP noted with regret that Biocell has failed to yield up the Premises whether on the Expiry Date or at all, and has come up with various excuses to remain at the Premises in breach of the Lease thereafter.
(4) After the Expiry Date, HKSTP has out of goodwill, respect and discretion offered some grace period to Biocell to use the Premises but solely for the limited and specific purpose of making arrangements for Biocell to remove what it needs to remove from the Premises, which remains at all times the sole responsibility of Biocell, and which HKSTP was given to understand to include cryopreserved human samples and stem cells which had hitherto been stored by Biocell in the Premises, notwithstanding that Biocell ought to have made such arrangements reasonably well before the Expiry Date so as to yield up vacant possession of the Premises to HKSTP at the expiry of the lease term in accordance with the terms of the Lease. In fact, Biocell has since the Expiry Date been allowed regulated access to the Premises during such grace period for such limited and specific purpose even up to the date hereof.
(5) That said, HKSTP emphasizes that it has never reached any legally binding and enforceable agreement with Biocell for any new tenancy in respect of the Premises at all, and any suggestion or rumour to the contrary is categorically denied. As at the date hereof, HKSTP remains legally entitled to evict Biocell as of right and recover vacant possession of the Premises from Biocell.
(6) In the event that any third party has any property(ies) kept or remained in the Premises, he should obtain independent legal advice to protect his own interests. Under no circumstances shall HKSTP be responsible or liable for any loss and/or damages howsoever caused to those properties in the course of taking any actions which HKSTP is legitimately entitled to take under the laws to safeguard its lawful and rightful interests as the owner of the Premises, including but not limited to legal actions to recover vacant possession of the Premises or otherwise.
(7) Neither the issue of this notice nor its contents (or any part thereof) should be regarded or construed as a waiver of any of HKSTP’s rights in relation to Biocell or any third party.
(8) Insofar as may be necessary, HKSTP reserves all its rights and interests in relation to Biocell and the Premises, as well as in relation to any third-party.
(9) No actions to be taken by any third-party should in any way prejudice or adversely affect the rights and interests of HKSTP in respect of the Premises.
Dated this 29th day of September 2021.
Hong Kong Science and Technology Parks Corporation