Skip to content
In forceAmended2020 Revised Edition

Part 4 · Fundamental Liberties

9. Liberty of the person

Feedback & support

In plain English

No person may lose life or liberty except as the law allows. On a complaint of unlawful detention, a court must order release unless the detention is lawful. An arrested person must promptly be told why, and may consult a lawyer of their choice. If not released, the person must see a magistrate within 48 hours, excluding necessary travel.

Summary · Drafted with AI, checked against the official text on 30 Sep 2026.

Amended

Last amended by an amending law of 2023. 3 amendments in all.

(1)

No person shall be deprived of his life or personal liberty save in accordance with law.

(2)

Where a complaint is made to the General Division of the High Court or any Judge sitting in the General Division of the High Court that a person is being unlawfully detained, the General Division of the High Court shall inquire into the complaint and, unless satisfied that the detention is lawful, shall order him to be produced before the General Division of the High Court and release him.

(3)

Where a person is arrested, he shall be informed as soon as may be of the grounds of his arrest and shall be allowed to consult and be defended by a legal practitioner of his choice.

(4)

Where a person is arrested and not released, he shall, without unreasonable delay, and in any case within 48 hours (excluding the time of any necessary journey), be produced before a Magistrate, in person or by way of video-conferencing link (or other similar technology) in accordance with law, and shall not be further detained in custody without the Magistrate’s authority.

(5)

Clauses (3) and (4) shall not apply to an enemy alien or to any person arrested for contempt of Parliament pursuant to a warrant issued under the hand of the Speaker.

(6)

Nothing in this Article shall invalidate any law —

(a)

in force before the commencement of this Constitution which authorises the arrest and detention of any person in the interests of public safety, peace and good order; or

(b)

relating to the misuse of drugs, psychoactive substances or intoxicating substances which authorises the arrest and detention of any person for the purpose of treatment and rehabilitation,by reason of such law being inconsistent with clauses (3) and (4), and, in particular, nothing in this Article shall affect the validity or operation of any such law before 10 March 1978.

Report

Part 5

The Government

Part 5A

Council of Presidential Advisers

Part 6

The Legislature

Part 7

The Presidential Council for Minority Rights

Part 8

The Judiciary

Part 9

The Public Service

Part 10

Citizenship

Part 11

Financial Provisions

Part 12

Special Powers Against Subversion and Emergency Powers

Part 13

General Provisions

Part 14

Transitional Provisions

Schedules