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PLP ready to back Brown all the way

and Sport Minister Dr. Ewart Brown, saying the Progressive Labour Party was ready to go to court to prove Dr. Brown is eligible to sit as an MP.

But drama is expected when Dr. Brown takes his seat in the House of Assembly this morning, after The Royal Gazette reported on Wednesday that he had obtained American citizenship in an apparent breach of the Bermuda Constitution Order 1968. Clerk of the House Mr. James Smith and other officials were researching the matter yesterday, sources said.

Section 30(1)(a) of Bermuda's Constitution reads: "No person shall be qualified to be appointed as a Senator or elected as a member of the House of Assembly who is, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state.'' Dr. Brown, who practised medicine in Los Angeles for many years, told the Gazette on Wednesday that he obtained his American citizenship in 1990 by taking an oath of allegiance to the United States. After returning to Bermuda in 1992, Dr. Brown won election in Warwick West in the October 5, 1993 general election, when he was apparently ineligible to run for office, under Section 30.

Yesterday, Dr. Brown said on radio: "I do believe that Bermuda will allow a son of the soil to serve the people.'' Someone who holds both Bermudian and American citizenship is eligible to run for Parliament in Bermuda, but only if they obtained American citizenship through birth, rather than by an oath of allegiance. But yesterday, Mr. Wade said Dr. Brown "has not contravened the Constitution.'' The PLP and Dr. Brown were aware of Section 30 and researched the matter prior to the 1993 election, he said.

He would not explain the PLP position in any detail, except to say that simply by becoming an American citizen Dr. Brown had not violated the Constitution.

Asked if Dr. Brown had not pledged allegiance to the US, Mr. Wade said: "He didn't do that.

"We intend to defend that position to the highest court in the land,'' he said.

Government MPs were silent on the question yesterday. And House Speaker the Hon. Ernest DeCouto declined to comment, referring a reporter to the Parliamentary Registrar. But Parliamentary Registrar Mrs. Marlene Christopher said the matter was the Speaker's responsibility.

Attorney General Mr. Elliott Mottley did not return a telephone call from the Gazette .

The Parliamentary Election Act provides for a fine and/or imprisonment for anyone who knowingly runs for MP when ineligible. Dr. Brown said on Wednesday that he would renounce his citizenship, if it was necessary to allow him to keep his seat. But that could still leave his election invalid.

Meanwhile, a spokesman for the US Consulate said yesterday an American could renounce US citizenship by making a formal statement in front of a consular officer.

While many acts in foreign countries used to be grounds for losing American citizenship, only serving in armed forces that were at war with the US would do that now.

It was arguable whether serving in a foreign Government would cost an American citizenship, the spokesman said. A Jewish activist recently served in the Knesset and kept his American citizenship, he said.