Rook was convicted as one of a gang of three men who met and agreed the details of a contract killing of the wife of a fourth man on the next day. Rook did not turn up the next day and the killing was done by his two fellows. His defence was that he never intended the victim to be killed and believed that, if he failed to appear, the others would not go through with the plan. Lloyd LJ. described the evidence against him in this way: This did not amount to an unequivocal communication of his withdrawal from the scheme contemplated at the time he gave his assistance. Hong Kong law In Chan Wing-siu, a criminal appeal from the Supreme Court of Hong Kong, the Privy Council held that if D1 and D2 set out to commit an offence (crime A), and in the joint of the enterprise, D1 commits another offence (crime B) beyond the scope of the plan, and D2 could foresee the commission of crime B (rather than real intention), D2 would be guilty as an accomplice of crime B. At the time of this judgement, Hong Kong was still a British colony, and under the Hong Kong Basic Law, most case law, including Chan Wing-siu, is retained as Hong Kong law after the handover. In UK, Chan Wing-siu was jointly overturned by the Supreme Court and the Privy Council in Jogee, as it is wrong, as a matter of law, to equates "foresight" with "intention to assist or encourage", the right direction is that "foresight" will be nothing more than evidence from which the jury could infer intention as to crime B. In Hong Kong, however, the Court of Final Appeal, in Chan Kam-shing, refused to follow Jogee, as it thought "abolition of the joint criminal enterprise doctrine would leave a serious gap in the law of criminal complicity", and "the concept of conditional intent introduced in the Jogee decision caused conceptual and practical difficulties". Therefore, the Chan Wing-siu principle is still good law in Hong Kong. In a landmark decision, Secretary for Justice v Tong Wai Hung, the Court of Final Appeal clarifies the approach for determining principal liability for unlawful assembly and riot, held that the Chan Wing-siu principle is not applicable to the unlawful assembly and riot. Controversy The use of this doctrine has caused concern among academics and practitioners in