Foong Cheng Leong

Foong Cheng Leong | Articles

I am an advocate and solicitor of the High Court of Malaya and a registered trade mark, industrial designs and patent agent. I am also the author of the books, Compendium of Malaysian Intellectual Property Cases consisting of two (2) volumes, namely, trade marks and copyright and industrial designs, and Foong’s Malaysia Cyber, Electronic Evidence and Information Technology Law.

  • Sugar Daddy and Sugar Babies Website – Is it illegal?

    I was interviewed by The Star on the issue of legality of a local website that connects ā€œsugar daddiesā€ with ā€œsugar babiesā€. In the article entitled “A raw nerve hit, but no laws broken“, I said the following:- There is no law against couple matching services in Malaysia unless it is for prostitution or other…

  • BFM Podcast: LANDMARK #22: WHAT HAPPENS WHEN OUR PERSONAL DATA IS LEAKED

    Late last year, it was reported that the private data of 46.2 million mobile phone subscribers were leaked sometime in the middle of 2014. All 14 telcos were affected in what is Malaysia’s biggest ever data breach. Explaining what this means for you and me is lawyer Foong Cheng Leong. He chairs the KL Barā€™s…

  • SayaKenaHack.com and Privacy

    Recently, tech blogger Keith Rozario created the website SayaKenaHack.com, a platform to allow people to check if they were affected by the data leakage of 46.2 million mobile phone subscribers. The website allowed users to key in their identity card number and the website will inform the users whether they are affected by the leakage.…

  • Withholding Tax Exemption on Payment to Non Residents For Technical Advice, Assistance, etc

    The Minister of Finance has granted withholding tax exemption (WHT) on payments to non-residents that fall within Section 4A(i) and (ii) of the Income Tax Act in respect of offshore services via the Income Tax (Exemption) (No. 9) Order 2017. In effect this reverts to the previous position, such that intellectual property services (such as…

  • Seminar on GET WIRED! Updates on Tech Laws and Cyber Security (24 Aug 2017)

    The Bar Council Information Technology and Cyber Laws Committee is organising a seminar focusing on the important aspects of information technology (ā€œITā€) and cyber law on 24 August 2017. In this seminar, I will speak on the topic of “Practical Steps in Tracing a Person Online“. I will speak on keyword search investigation, and discovery…

  • LegalHack Series: How to download files from the Malaysian e-Court File System (Phase 2)

    [Edited on 24Ā  January 2020] The Malaysia Court Online File Search System has now implemented a download function. A download button is now located next to each file listed in the search page. [Edited on 13 December 2017] In 2016, I posted an article entitled “LegalHack Series: How to download files from the Malaysian Court…

  • Bread & Kaya: Are WhatsApp admins going to jail?

    Bread & Kaya: Are WhatsApp admins going to jail? By Foong Cheng Leong | May 02, 2017 – Two key elements in s. 233 are not fulfilled by a group chat admin – To use s. 114A to attach liability on a group chat admin is stretching s. it too far I REFER to the…

  • BFM Podcast: LANDMARK #17: FACEBOOK

    Subsequent to my update on the Malaysian 2016 cyberlaw cases, I was interviewed by BFM Radio to talk about general laws applicable to social media in Malaysia on 13 April 2017. I also covered the rules applicable to your digital data after your death and how to manage them in preparation of your death. Who…

  • Feedback to the proposed Personal Data Protection (Transfer Of Personal Data To Places Outside Malaysia) Order 2017

    The Malaysian Personal Data Protection Commissioner (Commissioner) has published the Public Consultation Paper (PCP) No. 1/2017 (click to download) entitled Personal Data Protection (Transfer Of Personal Data To Places Outside Malaysia) Order 2017 (“Order”). The public consultation is intended to solicit feedback from data users and/or relevant parties pertaining to the whitelist places for transfer…

  • CCTVs in cinema are legal, butā€¦

    I was quoted in an article entitled “CCTVs in cinema are legal, butā€¦” the in Free Malaysia Today news portal on 21 March 2017. It was reported that Kuala Terengganu has finally had its first cinema in 20 years. However, CCTV cameras are installed in each of the cinema hall. The cameras will broadcast live…