Foreign Judges and Foreign Case Citations: A Study of the Hong Kong Court of Final Appeal

Document Type

Article

Publication Date

1-2025

ISSN

2164-6589

Publisher

Cambridge University Press

Language

en-US

Abstract

We study the value of foreign judges and foreign case citations for emerging courts in postcolonial democracies, with a specific focus on the Hong Kong Court of Final Appeals (HKCFA). The HKCFA, Hong Kong’s highest appellate court since the transfer of its sovereignty to China, features foreign judges as full members of the court. Using a novel dataset of all publicly available HKCFA decisions from 1997 to 2020, we show that there is a significantly higher number of foreign case citations in cases where foreign judges have participated. Further analyses show that this correlation is stronger where the Hong Kong government is a disputing party, and more specifically, where the court rules in favor of the Hong Kong government. The findings are consistent with the possibility that foreign judges’ expertise in foreign case law is relevant for upholding the perception of the court’s independence from the executive branch. This explanation is in line with existing theories on the role of foreign judges on domestic courts.

Comments

Presented at the Clarke Program in East Asia Law & Culture Conference on "Empirical Legal Studies in the Sinophone Region" at Cornell Law School, October 9, 2023.

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