Kitson Foong

Senior Partner

With a reputation for “tenacious, assertive” advocacy and being frequently cited as “one of the best cross examiners in the business,” Kitson is a highly sought-after Senior Counsel.

He is frequently engaged in complex criminal defence and appellate advocacy cases at all levels of the Malaysian judiciary.

His extensive experience, spanning over 35 years as an experienced trial lawyer, coupled with senior advisory roles in the public and corporate sectors, establishes him as a unique and invaluable resource.

He provides strategic counsel to individuals and corporations navigating complex criminal, regulatory and corporate governance challenges.

Notable High-Profile Engagements

His numerous high-profile engagements, widely covered in national and international media, include:

  • Political and White-Collar Crime:

    Providing legal representation to Deputy Prime Minister Dato' Seri Zahid Hamidi during his prosecution for commercial crimes and money laundering offences.

    Acting as Senior Counsel to the former CEOs of Sime Bank Bhd and TH Heavy Engineering Bhd during their respective prosecutions for commercial and corruption offences.

    Advising and acting for some of Malaysia’s largest law firms vis. a vis. investigations into white collar crimes and money laundering including 1MDB.

  • Corporate & Financial Regulatory Work:

    Routinely advising senior management of major corporations, including PLCs and GLCs, on “live” issues surrounding corruption, fraud and money laundering investigations led by the Malaysian Anti-Corruption Commission (MACC), the Securities Commission (SC), Bank Negara Malaysia (BNM) and the Royal Malaysian Police Force (PDRM).

    This includes conducting extensive criminal liability risk assessments for reknown international financial institutions including pre-IPO due diligence on primary shareholders and applicants.

    Providing legal opinions/memoranda to global financial and technology firms on the jurisdictional impact and procedural reach of Malaysian regulatory and criminal laws.

  • Capital Offences (Homicide & Drug Trafficking):

    Successfully representing clients in capital punishment appeals, including high-profile landmark murder/homicide, kidnapping and drug trafficking cases heard at the Federal Court. .

  • Regulatory & Crisis Management:

    Providing specialized advisory work to both international and local corporations and financial institutions on the impact of regulatory laws and criminal procedures. Advising audit committees on the potential criminal liability as well as adequacy of internal policies to deter, detect and manage corporate mismanagement.

  • Juvenile Justice:

    Appearing in highly sensitive cases involving child/juvenile offenders, demonstrating his deep commitment to upholding due process and ensuring necessary legal and mental health safeguards are afforded to vulnerable individuals within the justice system.

Areas of Practice:

Criminal Advisory and Criminal Defence. Regulatory Compliance. Investigations. Risk Assessment. Crisis Management. Due Diligence related work.

Senior Advisory Roles:

Kitson has served in key public and corporate advisory roles prior to his current practice focus:

  • Vice-President (Legal & Corporate) at Malaysia's Northern Corridor Implementation Authority (NCIA/Koridor Utara).

  • Senior Legal Specialist in Health, Safety, and Environmental (HSE) Law at Qatar Petroleum.

  • Advisor to various Government-Linked Companies (GLCs) and public listed entities.

Contribution to the Legal Profession:

Kitson’s expertise is officially recognized across the Malaysian criminal justice ecosystem.

Since 1995, he has served as a Guest Speaker and Trainer at institutions such as the Judicial and Legal Training Institute (ILKAP), the Royal Malaysian Police College (Maktab PDRM), and the Chemistry Department of Malaysia (Jabatan Kimia Malaysia).

He contributes to the training of Sessions Court Judges, Deputy Public Prosecutors, Senior Police Officers, and Forensic Chemists on critical aspects of criminal law and procedure.

He actively contributes to shaping the future of legal education and legislation in Malaysia. He served with distinction on the Malaysian Bar's Criminal Law, Common Bar Course and Legal Aid Committees and is credited with co-founding the Malaysian Bar's Legal Aid 'Dock Brief' and Prison programs - providing essential pro bono representation to underprivileged persons.

Mr. Foong contributes to the advancement of Malaysia's legal framework and the education of future advocates. He is an active member of the Special Task Force established by the Legal Profession Qualifying Board and helps develop the curriculum for the new Bar Conversion Course and the Malaysian Bar Course.

He is also a member of the Committee for Review and Reform of Malaysia’s Penal Code, Criminal Procedure Code and Evidence Act (CLRC), dedicating his expertise to the critical task of updating and amending the Evidence Act 1950.

Qualifications and Admissions:

  • Advocate and Solicitor of the High Court of Malaya (Admitted 1990)

  • Masters in Criminal Justice - University of Malaya (2007)

  • Bachelor of Laws (Honours) - North East London Polytechnic, United Kingdom (1987)