In Hong Kong, the basic joint enterprise principle is recognised as an independent basis for attributing criminal liability. Although the principle has been recognised by the highest courts of the United Kingdom, Australia, and Hong Kong at different times, this article suggests that it does not have a historical foundation in common law. This article further argues that the basic joint enterprise principle (i) has no practical utility as it completely overlaps with traditional accessorial liability and the inchoate offence of conspiracy; (ii) necessarily requires the court to engage in circular reasoning; (iii) is unable to deal with situations of evidential uncertainty; and (iv) unjustifiably disrupts the principal-accessory distinction under common law. It is therefore recommended that the basic joint enterprise principle be abolished.
