The number of applications for permission to lodge a judicial review last year dropped by a fifth from a peak figure of 149 cases in 2005.
Benny Tai Yiu-ting, law professor at University of Hong Kong, who compiled the figures for a new book on judicial reviews and good governance, describes the sharp decrease as 'remarkable'.
Tai says one reason could be the Court of Final Appeal's decision in 2007 to raise the bar from the requirement of a potentially arguable case to a reasonably arguable case with realistic prospects of success.
Since the caseload peaked in 2005, the number remained relatively stable until last year when the total fell to just 110. But Tai points out that it is still four times the caseload in 1988 when just 29 people applied.
Tai says while substantial legal costs are unavoidable for judicial determination on government's exercise of power - especially when Hongkongers have more confidence in the judiciary than the executive or the legislature - the government could reduce costs by resolving challenges through mediation.
Legal aid is also a determining factor in whether a judicial review applicant would win the challenge, says Tai. 'If you are not legal-aid-funded, it is virtually certain that you will lose the judicial review,' he says, adding that this leads to the 'sensible decision' by some to pick an underprivileged individual to secure legal aid to mount a challenge.
Tai cites former chief justice Andrew Li Kwok-nang in calling it a 'mistaken view' to think that launching a judicial review is an abuse of court resources.