Article 15 Protection of freedom of movement

(1)

Except with his or her consent, no person shall be hindered in the enjoyment of his or her freedom of movement, that is to say, the right to move freely throughout Montserrat, the right to reside in any part of Montserrat, the right to enter or leave Montserrat and immunity from expulsion from Montserrat.

(2)

Nothing in any law or done under its authority shall be held to contravene this section to the extent that the law in question makes provision—

(a)

for the removal of a person from Montserrat to be tried or punished in some other country for a criminal offence under the law of that country;

(b)

for the removal of a person from Montserrat to undergo imprisonment in some other country in execution of the sentence of a court in respect of a criminal offence under the law of Montserrat of which he or she has been convicted;

(c)

for the imposition of restrictions on the movement or residence within Montserrat or the right to leave Montserrat of public officers that are reasonably required for the purpose of ensuring the proper performance of their functions;

(d)

for the imposition of restrictions on persons who are not Montserratians; but—

(i)

no restriction may be imposed by virtue only of this paragraph on the right of any such person, so long as he or she is lawfully present in Montserrat, to move freely throughout Montserrat and to reside anywhere in Montserrat;

(ii)

no restriction may be imposed by virtue only of this paragraph on the right of any such person to leave Montserrat; and

(iii)

no such person shall be liable, by virtue only of this paragraph, to be expelled from Montserrat unless the requirements of subsection (4) are satisfied;

(e)

for the imposition of restrictions on the acquisition or use by any person of land or other property in Montserrat; or

(f)

for the imposition of restrictions, by order of a court, on the movement or residence within Montserrat of any person or on any person’s right to leave Montserrat either in consequence of that person having been found guilty of a criminal offence under the law of Montserrat, or for the purpose of ensuring a fair trial or that he or she appears before a court at a later date for trial of such a criminal offence or for proceedings preliminary to trial or for proceedings relating to his or her extradition or lawful removal from Montserrat.

(3)

For the purposes of subsection (2)(c), “law” in subsection (2) includes directions in writing regarding the conduct of public officers generally or any class of public officer issued by the Government.

(4)

The requirements to be satisfied for the purposes of subsection (2)(d)(iii) (that is to say, before a person who is not a Montserratian may be expelled from Montserrat) are as follows—

(a)

the decision to expel him or her is taken by an authority, in a manner and on grounds prescribed by law;

(b)

he or she has the right, save where the interests of defence, public safety or public order otherwise require, to submit reasons against his or her expulsion to a competent authority prescribed by law;

(c)

he or she has the right, save as aforesaid, to have his or her case reviewed by a competent authority prescribed by law; and

(d)

he or she has the right, save as aforesaid, to be represented for the purposes of paragraphs (b) and (c) before the competent authority or some other person or authority designated by the competent authority.

(5)

Nothing in any law or done under its authority shall be held to contravene this section to the extent that it is reasonably justifiable in a democratic society—

(a)

for the imposition of restrictions on the movement or residence within Montserrat or on the right to leave Montserrat of persons generally or any class of persons that are reasonably required—

(i)

in the interests of defence, public safety, public order, public morality or public health; or

(ii)

for the purpose of protecting the rights and freedoms of other persons; or

(b)

for the imposition of restrictions on the right of any person to leave Montserrat that are reasonably required in order to secure the fulfilment of any obligation imposed by law.

(6)

Any restriction on a person’s freedom of movement which is involved in his or her lawful detention shall not be held to contravene this section.