The Editor, Sir:

One of your respected correspondents has asked the question: "Can a Jamaican who has sworn allegiance to the United States in order to gain U.S. citizenship still hold his/her U.S. citizenship along with the Jamaican citizenship?"

The short answer to the question is 'Yes'; the long answer is that no Jamaican or American can automatically lose his citizenship, even if he/she swears allegiance to a foreign country that permits and recognises dual citizenship.

Exercising power

In Jamaica loss of citizenship comes only at the end of a legal process that gives the Governor- General option to exercise that power. Constitutionally, he may or may not deprive the person of such citizenship.

Section 8 of the Constitution states: "If the Governor-General is satisfied that any citizen of Jamaica has at any time after the fifth of August 1962 acquired by registration, naturalisation or other voluntary or formal act (other than marriage) the citizenship of any country other than Jamaica, the Governor-General may by order deprive that person of his citizenship."

When this same question arose in 1962, Premier Norman Manley publicly explained the Constitutional arrangement; and he emphasised the word 'may'. As we all should realise, there is, in the view of both lawyer and layman, a significant difference between 'may' and 'shall'.

The relevant law in the United States also uses the word 'may'. There is abundant evidence that the Americans, in the great majority of cases, will cancel citizenship only where a person is considered potentially dangerous, commits some serious criminal act or explicitly indicates to a U.S. consular official that he/she wishes to renounce such citizenship.

Both Jamaica and the United States regard dual nationality as acceptable. This means that the individual concerned can bear allegiance to the two countries despite the implications of oaths of allegiance. It is note-worthy that, numerically, Jamaicans rank among the top ten of world citizens enjoying dual citizenship in the United States.

I am, etc.,

KEN JONES

alllerdyce@hotmail.com