(1) A person shall not be deprived of his freedom of movement,
that is to say, the right to move freely throughout Saint Christopher and Nevis,
the right to reside in any part of Saint Christopher and Nevis, the right to
enter Saint Christopher and Nevis, the right to leave Saint Christopher and
Nevis and immunity from expulsion from Saint Christopher and Nevis.
(2) Any restriction on a person's freedom of movement that is involved in his
lawful detention shall not be held to be inconsistent with or in contravention
of subsection (1).
(3) Nothing contained in or done under the authority of any law shall be held
to be inconsistent with or in contravention of subsection (1) to the extent that
the law in question makes provision-
a) for the imposition of restrictions on the movement or residence within
Saint Christopher and Nevis of any person or on any person's right to leave
Saint Christopher and Nevis that are reasonably required in the interests of
defence, public safety or public order;
b) for the imposition of restrictions on the movement or residence within
Saint Christopher and Nevis or on the right to leave Saint Christopher and Nevis
of persons generally or any class of persons in the interests of defence, public
safety, public order, public morality or public health and except so far as that
provision or, as the case may be, the thing done under the authority thereof is
shown not to be reasonably justifiable in a democratic society;
c) for the imposition of restrictions, by order of a court, on the movement
or residence within Saint Christopher and Nevis of any person or on any person's
right to leave Saint Christopher and Nevis either in consequence of his having
been found guilty of a criminal offence under any law or for the purpose of
ensuring that he 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 extradition or lawful removal from Saint Christopher and Nevis;
d) for the imposition of restriction on the acquisition or use by any person
of land or other property in Saint Christopher and Nevis;
e) for the imposition of restrictions on the acquisition or use by any person
of land or other property in Saint Christopher and Nevis;
f) for the imposition of restrictions upon the movement or residence within
Saint Christopher or on the right to leave Saint Christopher and Nevis of any
public officer that are reasonable required for the proper performance of his
functions;
g) for the removal of a person from Saint Christopher and Nevis to be tried
or punished in some other country for a criminal offence under the law of that
other country or to under go imprisonment in some other country in execution or
the sentence or a court in respect of a criminal offence under a law of which he
has been convicted; or
h) for the imposition of restrictions on the right of any person to leave
Saint Christopher and Nevis that are reasonably required in order to secure the
fulfillment of any obligations imposed on that person by law, and except so far as that provision or, as the case may be, the thing done
under the authority thereof is shown not to be reasonably justifiable in
democratic society.
(4) If any person whose freedom of movement has been restricted by virtue of
such a provision as is referred to in subsection (3)(a) so request at any time
during the period of that restriction not earlier than twenty one days after the
order imposing the restriction was made or, as the case may be three months
after he last made such a request, his case shall be reviewed by an independent
and impartial tribunal presided over by a person appointed by the Chief Justice
from among persons who hold the office of magistrate or who are legal
practitioners.
(5) On any review by a tribunal in pursuance of subsection (4) of the case of
any person whose freedom of movement has been restricted, the tribunal may make
recommendations concerning the necessity or expediency of the continuation of
that restriction to the authority by whom it was ordered but, unless it is
otherwise provided by law, that authority shall not be obliged to act in
accordance with any such recommendations.