The Cayman Islands Constitution Order 2009

Movement

13.—(1) No person shall be hindered by government in the enjoyment of his or her freedom of movement, that is to say, the right to move freely throughout the Cayman Islands, the right to reside in any part of the Cayman Islands, the right to enter the Cayman Islands, the right to leave the Cayman Islands and immunity from expulsion from the Cayman Islands.

(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 imposition of restrictions on the movement or residence within the Cayman Islands or on the right to leave the Cayman Islands of persons generally or any class of persons that are reasonably justifiable in a democratic society—

(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;

(b)for the removal of a person from the Cayman Islands to be tried or punished in some other country for a criminal offence under the law of that country or 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 the Cayman Islands of which he or she has been convicted;

(c)for the imposition of restrictions on the movement or residence within the Cayman Islands or the right to leave the Cayman Islands 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 any person who is not a Caymanian or a permanent resident; 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 the Cayman Islands, to move freely throughout the Cayman Islands and to reside anywhere in the Cayman Islands;

(ii)no restriction may be imposed by virtue only of this paragraph on the right of any such person to leave the Cayman Islands; and

(iii)no such person shall be liable, by virtue only of this paragraph, to be expelled from the Cayman Islands unless the requirements specified in subsection (3) are satisfied;

(e)for the imposition of restrictions on the acquisition or use by any person of land or other property in the Cayman Islands;

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

(g)for the imposition of restrictions on the right of any person to leave the Cayman Islands that are reasonably justifiable in a democratic society in order to secure the fulfilment of any obligation imposed on that person by law.

(3) The requirements to be satisfied for the purposes of subsection (2)(d)(iii) are as follows—

(a)the decision to expel that person is taken by an authority, in a manner and on grounds prescribed by law;

(b)that person has the right to submit reasons against his or her expulsion to a competent authority prescribed by law;

(c)that person has the right, save where a court has recommended his or her deportation, to have his or her case reviewed by a competent authority prescribed by law; and

(d)that person has the right 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;

but paragraphs (b), (c) and (d) shall not apply where the interests of defence, public safety or public order so require.

(4) 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.

(5) In this section “permanent resident” has the meaning ascribed to it in the laws of the Cayman Islands for the time being in force.