eligibility to sit in the House of Assembly, the party chairman said yesterday.

"We're looking at it from a legal perspective, and we'll be making a decision what to do, if anything,'' Sen. Gary Pitman told The Royal Gazette .

Last week, The Royal Gazette reported Dr. Brown was elected to the House of Assembly in 1993 in apparent breach of Bermuda's Constitution, having pledged allegiance to the United States of America in 1990.

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.'' Two prominent lawyers have disagreed over whether the Progressive Labour Party MP is in breach of the Constitution, with Mr. Timothy Marshall saying he is and Mr. Rod Attride-Stirling saying he is not. Former House Clerk Mr. John Gilbert, meanwhile, said Dr. Brown was clearly elected illegally and only a by-election in Warwick West can resolve the issue.

Former Premier the Hon. Sir John Sharpe, who lost his seat to Dr. Brown in the 1993 election, yesterday declined to comment on the controversy.

Attorney General Mr. Elliott Mottley also declined comment, but it is understood the Attorney General's Chambers is studying the issue.

Section 33 of the Constitution says it is up to the Supreme Court to decide whether someone has been "validly elected'' to the House of Assembly.

Application to the Supreme Court challenging an election can be made by any person in the constituency, or by the Attorney General, the Constitution says.

Dr. Brown has said he would renounce his American citizenship if it was necessary to allow him to serve in the House.

The Constitution does not prevent Bermudians who receive American or other citizenship through birth from sitting in the House or Senate.