Citizens v. Government: Litigation Outcomes before the Hong Kong Court of Final Appeal

Based on reviewing all the judgments on substantive appeals issued by the Hong Kong Court of Final Appeal (HKCFA) between July 1997 and 2015, this research note studies how the Hong Kong government and individual litigants fared before the final appellate court. It is found that the overall success rate of the Hong Kong government before the HKCFA was 46 percent and that of individual litigants was 54 percent. There were, however, substantial variations in the litigation outcomes in different categories of cases. While the government achieved a remarkable record in administrative decision litigation, it fared poorly in criminal appeals. The research note also discusses two important insights from the litigation outcomes before the HKCFA.