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Movement Rights

Singapore Article 13 Prohibition of Banishment & Freedom of Movement Guide 2026

Complete legal guide to Article 13 of the Singapore Constitution. Explains citizen protection against banishment, freedom of movement, & Immigration Act removal rules.

Overview & Statutory Background

Article 13 of the Constitution of the Republic of Singapore protects citizens against banishment and guarantees freedom of movement within Singapore. Under Article 13(1), no Singapore citizen shall be banished or excluded from Singapore. Article 13(2) guarantees citizens the right to move freely throughout Singapore and reside in any part thereof, subject to general laws relating to security, public order, public health, or punishment of offenders. Following the repeal of the Banishment Act by the Immigration (Amendment) Act 2023, the removal, deportation, and exclusion of undesirable non-citizens are governed under the Immigration Act 1959. Use this guide to understand citizen movement rights and statutory deportation powers.

Key Pass Highlights & Statutory Criteria

Citizen Banishment Ban

Absolute for SG Citizens (Art 13(1))

Verified

Freedom of Movement

Guaranteed Right (Art 13(2))

Verified

Governing Statute

Immigration Act 1959

Verified

Deportation Authority

ICA & Minister for Home Affairs

Verified

Evaluation Criteria & Points Breakdown

Article 13(1) Absolute Prohibition of Citizen Banishment

Art 13(1) Citizen Immunity

Protects Singapore citizens from being exiled, banished, or denied re-entry into Singapore territory.

Article 13(2) Right to Move Freely & Reside in Singapore

Art 13(2) Freedom

Guarantees citizens the freedom to travel, relocate, and reside anywhere within Singapore.

Statutory Restrictions on Citizen Movement

Statutory Limits

Movement rights are subject to public health quarantine rules (Infectious Diseases Act), ISA curfews, and police/court bail conditions.

Immigration Act Removal & Deportation Orders

Immigration Act 1959

Under the Immigration Act 1959 (as amended by Act 31 of 2023), non-citizens convicted of serious crimes or deemed undesirable can be deported by executive order.

Mandatory Eligibility Requirements

Article 13 constitutional protections against banishment are explicitly reserved for Singapore Citizens.

Foreign nationals (visa holders, tourists, PRs) do not possess constitutional immunity against deportation.

Deportation and Removal Orders against non-citizens are issued by the Minister for Home Affairs under the Immigration Act 1959.

Citizens subject to criminal investigation travel restrictions must obtain court or police passport impound clearance.

Step-by-Step Application & Issuance Process

Verify Singapore Citizenship Status

Confirm whether individual holds Singapore Citizenship (granting Article 13 constitutional immunity from banishment).

Issuance of Immigration Removal / Deportation Order (Non-Citizens)

Minister for Home Affairs or Comptroller of Immigration issues Removal Order for undesirable non-citizens under Immigration Act.

ICA Immigration Depot Detention & Deportation Execution

ICA detains undesirable non-citizen at Immigration Depot prior to removal from Singapore.

Public Health Isolation / Court Bail Order Compliance (Citizens)

Citizens comply with Infectious Diseases Act isolation orders or court bail movement limits.

High Court Judicial Review of Unlawful Removal Order

High Court quashes removal orders mistakenly issued against Singapore citizens or breaching statutory procedure.

Required Document Checklist

•Constitution of the Republic of Singapore Article 13 Official Text

•Immigration Act 1959 (Cap. 133 as amended by Immigration Amendment Act 2023)

•Immigration Removal Order / Prohibition Order Notice issued by ICA

•ICA Passport Impoundment Notification under Passports Act

•High Court Judicial Review Application challenging Deportation Order

Frequently Asked Questions (FAQ)

No. Under Article 13(1) of the Constitution, no Singapore citizen can be banished, exiled, or excluded from entering Singapore.

No. Article 13 rights are explicitly reserved for Singapore Citizens. Foreign nationals and Permanent Residents can be deported or removed under the Immigration Act 1959.

The Banishment Act 1959 was formally repealed by the Immigration (Amendment) Act 2023 (effective 30 May 2025). The removal and deportation of undesirable foreigners are now consolidated under the Immigration Act 1959.

Yes. Under Article 13(2), movement rights can be restricted by general laws relating to national security, public health (such as Infectious Diseases Act quarantine orders), or criminal court bail conditions.

Yes. A citizen's passport can be impounded under the Passports Act during active criminal investigations or bankruptcy proceedings.

The individual's PR status is revoked, their Re-Entry Permit (REP) is canceled, and they are deported and barred from re-entering Singapore under an ICA Prohibition Order.