Kitson Foong
About Kitson Foong
Kitson Foong appears as counsel of record in 4 reported Malaysia judgments (2025). These were heard before MYCOA (4).
On the court record
The reported matters document criminal-defence appellate work in drug-trafficking and proceeds-of-crime cases, grounded in Court of Appeal judgments rather than any ranking.
Kitson Foong's reported matters, argued through Messrs Kit & Associates in Kuala Lumpur, are concentrated in criminal defence at the appellate level, with a particular weight of drug-offence and proceeds-of-crime work before the Court of Appeal. A substantial group concerns capital drug charges. In an appeal against conviction and sentence for trafficking under section 39B(1)(a) of the Dangerous Drugs Act 1952 (Akta Dadah Berbahaya 1952), where the accused had been sentenced to life imprisonment and fifteen strokes of whipping, he appeared for the appellant; a central argument was the alleged flagrant incompetence of trial counsel, but the Court of Appeal found the point without merit, agreed with the trial judge and upheld both the conviction and the sentence, dismissing the appeal.
He also appeared for appellants in related trafficking appeals under the same section 39B(1)(a) of the Dangerous Drugs Act, where the issue framed on appeal was whether the accused persons lacked knowledge of the drugs (sama ada terdapat ketiadaan pengetahuan tertuduh-tertuduh — whether there was an absence of knowledge on the part of the accused), a recurring question in trafficking prosecutions built on statutory presumptions of possession and knowledge.
A further strand is the recovery of criminal proceeds. In an appeal arising from a forfeiture application under section 56 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, he appeared for the appellant; the Court of Appeal found no merit in the challenge, holding that the High Court had not been wrong to order the forfeiture of a motor vehicle and a cash sum of RM90,000, and declined to interfere. Across these decisions the reported work is criminal-defence appellate advocacy in the drug-trafficking and money-laundering fields, argued before the Court of Appeal of Malaysia and turning on knowledge, the safety of convictions and the forfeiture of assets.
How many cases has Kitson Foong appeared in?
Kitson Foong appears as counsel of record in 4 reported Malaysia judgments (2025).
Which courts does Kitson Foong appear in?
Kitson Foong appears before MYCOA (4).
What kind of work do Kitson Foong's reported cases involve?
They are criminal-defence appeals before the Court of Appeal, centred on drug trafficking under section 39B(1)(a) of the Dangerous Drugs Act 1952 and on a forfeiture of assets under section 56 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.
What was argued in the section 39B trafficking appeal that was dismissed?
The appellant argued, among other things, the alleged flagrant incompetence of trial counsel; the Court of Appeal found the point without merit, agreed with the trial judge and upheld the conviction and the sentence of life imprisonment and fifteen strokes of whipping.
What did the Court of Appeal decide about the forfeiture application?
It found no merit in the appeal and held the High Court had not been wrong to order forfeiture of a motor vehicle and a cash sum of RM90,000 under section 56 of the 2001 Act, declining to interfere.