Gov't threatened with legal action after shutting borders- Premier Fahie
The Premier said those persons posed a risk to the rest of the Territory when some insisted on going to their respective homes on the basis that there was no legislation binding them to be quarantined without being tested positive for COVID-19.
“Mister Speaker, if I had my way they wouldn’t have reached back at all. I am not afraid to tell them,” the Premier said on March 27, 2020 during the Sixth Sitting of the Second Session of the Fourth House of Assembly (HoA) of the Virgin Islands today at Save the Seed Energy Centre in Duff’s Bottom.
He added: “Mister Speaker, thank God none of them didn’t show up anything when they were tested.”
Legal ramifications
Meanwhile, Premier Fahie said, these individuals made some legal arguments which his administration eventually caved in to.
“The only reason we came here with the Bill [the COVID-19 Control and Suppression Miscellaneous Provision Act] Mister Speaker, is there were those when the borders were closed started to argue legal points, that the country cannot shut out its nationals.
"It became a legal discussion and a legal argument, so what happen, Mister Speaker, is some of our own people pushed back at the government legally, that they have to be able to come home, so we said to them, “alright, although we closed our borders only nationals can come home but you have to agree to be quarantined,” he pointed out.
He continued: “Mister Speaker some of our people agreed and stick to it, but some of them agreed but when they landed, they landed with some poor attitudes and said: ‘there’s no law to make me quarantine and I am going home’, Mister Speaker, and it had some of them in this House supporting the action.”
Notably, the three confirmed cases of COVID-19 were imported by persons who had travelled from the US and Europe where the virus is rampant.
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34 Responses to “Gov't threatened with legal action after shutting borders- Premier Fahie”
Just wait everything will soon come to light
a number of our people had to leave mainland USA back to BVI for various reasons/how can one be denied entry
Just listening to the arrogance of these people sounds like the same arrogance that had them left a safe zone to out their life at risk and in return want to use laws to endanger other people. Down right RUBBISH!!!!
A known danger can’t be compared to an unknown one. It is stupidity to compare the real danger of some one from a high risk zone to what ever crime on the island for myriads of reasons amount which is how contagious this disease is. The one robbery may affect just that one person but a COVID-19 patient could literally endanger the life of thousands. No comparisons.
Cause this lockdown now.. smart move..
Ever body have this mentality... I born here.. so I can do what the heck I want.
Those persons who are against the measure to quarantine persons are very limited as far as the Quarantine Regulation is concerned. If it is proven that a person is a carrier of a particular disease or virus and do not want to be quarantined, then such person could be arrested and be places under mandatory quarantine. as simple as that. Let us do not bury our heads in the sand and cast aspersion on our leader who are doing an excellent job. It is my wish that all the cirtizens offthis country would cooperate with the measures that are implimented to safegarde the health and lives of everyone. Prevention is better than cure.
There is clearly a legal right for a VI Belonger or permanent resident to come home.
There are exceptions in 18 a-where it provides that restrictions can be imposed to prevent freedom of movement within the Virgin Islands and leaving the Virgin Islands in the interests of public health and public safety. However the list of persons does not include VI Islanders or permanent residents returning to the VI.
The Premier is right there is good legal argument for nationals and permanent residents who are being denied entry. The Premier and his administration have tried their best in very difficult times but at times they have been reactive rather than pro-active. The quarantine law that was recently passed should have been done in the first place as BVI Culture warrants such a law. Expecting BVIslanders to use their moral obligation to quarantine was asking for trouble hence they are now legally obligated to do so. Really ridiculous and selfish that they chose not to self quarantine but that is how some BVIslanders can be and he should have seen that coming.
Ok so now you have the law but the borders remain close to all incoming passengers including BVIslanders and permanent residents. Some of these persons have businesses, families, financial obligations and the like to return to. Some of them cannot afford to stay where they are right now. Add to that the BVI Government gave them just 5hours notice before they closed the borders to them? How unreasonable is that?
Sorry Honorable Premier I am a supporter but I don't support unreasonable, unfair and potentially illegal acts.
I do not believe any BVI national or permanent resident should be denied access
Now in regards to quarantine we just passed a Quarantine act are you saying that was not necessary and the BVI Government had the power to legally quarantine persons based on the International law? Well why are we here then? The borders should have never been closed to BVIslanders, permanent residents and work permit holders then. Just enforce quarantine.
Please post the provision of the international quarantine law. You cannot just make these statements without the requisite proof.
Now you are saying our Leader is a doing a great job yet our Leader is the one who brought into act a law that was not necessary as according to you there is already an International quarantine act that requires quarantine for persons traveling from high risk to no risk areas?
I don't get your logic.
No one can sue the Government after a public emergency has been declared and published.
The Constitution: [Provisions for period of public emergency]
The BVI Constitution makes provisions in section 27, for his excellency the governor to declare a public emergency by proclamation published in the gazette or in news medium etc in the BVI.
Accordingly, during such public emergency, the fundamental rights of [freedom of movements under section 18 sub-section (3) (a) ] is hereby suspended for all persons, including persons who belongs to the Virgin Islands.
Therefore, the fundamental right of a belonger to enter the BVI and to leave the BVI is hereby suspended according to law.
If I was the attorney general of the BVI,I would have advised the Governor, with such Constitutional authority.