The burger is set to bite back after Governor Thorold Masefield finally signed an act banning fast food franchises with a foreign flavour.

Mr. Masefield's signature makes law the Prohibited Restaurants Act -- killing off plans by Grape Bay Ltd to open a McDonald's restaurant in Bermuda.

But the firm -- which includes ex-Premier Sir John Swan and United Bermuda Party backbencher Maxwell Burgess among its principals -- is likely to challenge the legislation within days by lodging a writ with Supreme Court.

Grape Bay Ltd is understood to have organised a Press conference for today to announce that they will fight UBP rebel Ann Cartwright DeCouto's act in the courts.

Neither Mr. Burgess nor Sir John could be contacted for comment yesterday.

But only minutes after the bill passed its third reading in the House of Assembly in June, for the second time, a furious Mr. Burgess slammed the decision as "unconstitutional'' and vowed to fight it through the courts -- up to Bermuda's final court of appeal, the Privy Council in London, if necessary.

And he said the Governor should not "make a nonsense'' of the Constitution by signing the Act into law.

Later, however, he added that Grape Bay Ltd would not speculate on whether the Governor would or would not sign the Act -- but said the firm was "anxiously awaiting the outcome.'' Mrs. Cartwright DeCouto was off the Island yesterday and also unavailable for comment.

But UBP MP Trevor Moniz, one of the "Rebel Five'' Government MPs who pushed the act through the House of Assembly, welcomed the news that the act had been given the official seal of approval.

He said: "Obviously, it's very good news. It reflects what Government policy has always been and what the majority of Bermudians want. I'm very pleased to see it passed into law.'' Mr. Moniz added that any bid to challenge the law could be waste of time and money for the appellants.

He said: "If anyone feels they have a grievance, the appropriate place to deal with it is in the courts.

"But the risk that people run in going to court is that litigation is a double-edged sword. While there are facts which may the case, there are other facts which may cause extreme embarrassment, therefore you go to court at your own risk.

"My view is that the act is good law and that it is Constitutional. There is nothing wrong with the act.

"But everyone has a Constitutional right to protect what they see as their legal rights and entitlements -- but I would hope that good sense would prevail.'' Deputy Governor Peter Willis yesterday confirmed that the Governor had signed the act into law on Monday.

At one point in the saga -- which has gone on since Mrs Cartwright DeCouto first introduced her controversial bill into the House more than a year ago -- it was suggested the bill, which is retroactive in effect, could be unconstitutional.

The anti-burger bill outlaws any franchise restaurant set up after May 10 last year.

Governor signs burger bill Mr. Willis said: "It's a bill which came up -- there is no reason not to sign it, so the Governor signed it.

"It is self-evident he is not going to sign anything if we believe it's unconstitutional.

"If people believe it has done something which is unconstitutional it should be challenged in the courts.'' The bill passed the House of Assembly for the second time on June 21 by 22 votes to 13. Government -- unlike the first poll -- allowed a free vote.

The bill passed the House last year when the PLP combined with the rebels, but was later blocked by Senate.

A total of four Government MPs joined the Rebel Five the second time around -- while one Progressive Labour Party MP broke from the party line to back foreign food franchises.

This July, Senate again voted against the Act -- by seven votes to four -- but the Constitution forbids the Upper House from delaying legislation for more than a year, so it was sent to Government House for formal approval.

GOVERNOR GOV