Kitson Foong

Senior Partner

With a reputation for “tenacious, assertive” advocacy and frequently cited as “one of the foremost cross-examiners in the business,” Kitson Foong is a towering figure in Malaysian criminal defense and appellate advocacy. For over 36 years, he has been the strategic counsel of choice for individuals, political leaders, and corporations navigating the most complex, high-stakes legal crises across all levels of the Malaysian judiciary.

What sets Kitson apart is not just his ferocious courtroom presence, but his profound empathy and unique multi-dimensional perspective. Combining decades of gritty trial experience with elite senior advisory roles in the public and corporate sectors, he is an indispensable asset for those facing severe legal peril. He is known for his unwavering commitment to upholding due process for everyone - from multinational tech giants to the most vulnerable members of society.

The Problems He Solves & Why He is Invaluable

Kitson specializes in resolving crises where reputations, liberties and lives are directly on the line. He tackles:

White-Collar & Commercial Crime: Defending clients against relentless investigations by the Malaysian Anti-Corruption Commission (MACC), Securities Commission (SC), Bank Negara Malaysia (BNM) and Polis DiRaja Malaysia (PDRM) involving corruption, criminal breach of trust (CBT) and complex money laundering (AMLATFAPUAA).

  • Capital Offences (Homicide, Firearm Possession / Trafficking & Drug Trafficking): Fighting capital punishment at the appellate and Federal Court levels. Kitson has successfully conducted the defence in six jury trials for murder and is cited as lead counsel in over 80 reported trial and appellate landmark case precedents.

  • Corporate Regulatory Compliance & Crisis Management: Providing “live” strategic counsel to PLCs, GLCs and audit committees on criminal liability risks, internal policies to deter mismanagement, and pre-IPO due diligence.

  • Juvenile & Vulnerable Justice: Championing the rights of minors and the mentally vulnerable, ensuring strict legal and psychiatric safeguards are enforced when the justice system threatens to overlook them.

A Legacy of High-Profile Engagements & Landmark Victories

Kitson’s track record is widely chronicled in national and international media. He routinely secures acquittals and appellate victories where the odds seem insurmountable.

Capital Offences, Homicides & Kidnapping Defences

  • The 3 Mexican Brothers (Sinaloa): In a globally followed drug trafficking case, Kitson took on the defence of three Mexican brothers - knowing they could not pay his fees. By exposing critical flaws in the judicial process before the High Court, his advocacy laid the groundwork that ultimately led to their pardon and release by the Sultan of Johor.

  • Drug Trafficking Acquittals: Kitson has a successful track 36 years record of acquittals and positive outcomes in numerous publicized drug trafficking and drug possession cases. He conducted the defence of a young Singaporean lady in Malaysia’s first drug trafficking charge for Methaphetamine. He has secured numerous high-stakes acquittals for both local and international clients and is on the panel of lawyers for the British High Commission, Mexican Consulate, Peruvian Consulate and Iranian Consulate amongst numerous others.

  • High-Profile Murder / Homicides, Penal Code offences including Treason: Kitson has served as lead counsel in some of Malaysia's most infamous cases. Notable cases include the Bandar Utama murder of a 16 year old school girl, the Datuk Kevin Morais murder, the Al-Maunah treason trial (waging war against the King). PLease refer to the Media page of this website for more information.

White-Collar Crime, Corruption & AMLA Defences 

  • Political MACC Act, Commercial Crime and Anti-Money Laundering: Served as Co-lead Counsel to Deputy Prime Minister Dato' Seri Zahid Hamidi, defending against 80 sweeping charges of CBT, commercial crimes, and AMLATFAPUAA offences brought by the MACC.

  • Corporate Titans: Lead Counsel to Dato Ismail Zakaria (former CEO of Sime Bank Bhd) in BAFIA offences brought by BNM, Dato Nur Badli Munawir - former CEO of TH Heavy Engineering Bhd (MACC - CBT and AMLA offences) and lead appellate counsel for the Chairman of Panglobal Insurance amongst numerous others.

  • The 1MDB Investigations: Trusted to advise and defend several of Malaysia’s largest legal firms when they faced intense scrutiny from PDRM, MACC, and the SC regarding commercial crimes, conspiracy and money laundering linked to 1MDB and its subsidiaries.

  • Top Glove Bhd - successfully advising and acting for Senior Management in resuscitating investigations into a billion ringgit commercial crime.

Pioneering Juvenile Justice & Mental Health Safeguards

  • The Bandar Utama School Stabbing: In a highly sensitive tragedy involving a 15-year-old student charged with a schoolmate's murder, Kitson acted as amicus curiae (friend of the court). Acting relentlessly in the boy’s best interest, Kitson fought to ensure the court ordered a comprehensive psychiatric assessment. Following a 10-day highly publicised trial at the High Court, the teen was acquitted on the grounds of insanity, reflecting Kitson's unwavering commitment to ensuring minors receive necessary mental health protections.

Corporate, Regulatory & Tech Counsel

Having anchored the legal divisions of the NCIA and Qatar Petroleum, Kitson’s defense strategies are heavily informed by corporate realities.

  • He is routinely called upon by global financial and technology behemoths including Meta to provide authoritative legal memoranda on the jurisdictional reach and impact of Malaysian regulatory laws.

  • Kitson has served as trusted legal counsel to Berjaya Land Bhd, Tropicana Bhd, Sunrise Bhd, Hong Leong Bank Bhd, RHB Bank Bhd, Public Bank Bhd, Standard Chartered Bank Bhd amongst others.

  • Conducts stringent criminal liability risk assessments for international financial institutions vis a vis corporate listing exercises.

Senior Advisory & Shaping the Legal Ecosystem

Before dedicating his practice entirely to criminal defense, Kitson shaped legal and corporate policy at the highest levels, serving as Vice-President (Legal & Corporate) at Malaysia's Northern Corridor Implementation Authority (NCIA) and Senior Legal Specialist in HSE Law at Qatar Petroleum.

Today, his expertise is the bedrock of Malaysia’s criminal justice training. Since 1995, he has trained Sessions Court Judges, Deputy Public Prosecutors, Senior Police Officers, Forensic Pathologists and Forensic Chemists at ILKAP / National Legal Academy or Akademi Perundangan Negara (APN), Maktab PDRM and Jabatan Kimia Malaysia.

An Architect of Legal Reform & Pro Bono Advocacy

  • Legislative Overhaul: Appointed by the Minister in the Prime Minister's Department to the prestigious Committee for Review and Reform of Malaysia’s Penal Code, Criminal Procedure Code, and Evidence Act (CLRC).

  • Educational Vanguard: Lead Researcher for the LPQB’s Articled Clerkship Task Force and a key curriculum developer for the New Bar Course.

  • Access to Justice: Kitson is the proud co-founder of the Malaysian Bar’s Legal Aid ‘Dock Brief’ and Prison programs – vital precursors to the Yayasan Bantuan Guaman Kebangsaan (YBGK), guaranteeing pro bono representation for the underprivileged.

  • Speaking Engagements: Kitson is often invited as Speaker and Panellist on numerous national and international law conferences as well as television and radio shows. He shares across a wide range of topics including Decriminalising Suicide, Decriminalising Cannabis, Improving Access to Justice for those with Invisible Disabilities, Enhancing laws for GIG economy workers, Human Rights and Police Powers among others.

  • ‍Lecturer and Workshop Facilitator: A sought after lecturer and workshop facilitator. He has shared experiences in, inter alia, ‘Effective Prosecution of Sexual Offences’, ‘Effective Cross Examinations in Criminal Trials’, ‘Advanced Masterclass in Appellate Advocacy’, ‘Commercial Crime and Anti-Money Laundering’ workshops in both Peninsula Malaysia and Sabah. ‍

 Qualifications and Admissions:

  • Advocate and Solicitor of the High Court of Malaya

  • Master of Laws in Criminal Justice, University of Malaya

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

  • Malaysian Institute of Arbitrators (MiArb)