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The Cyprus Gazette

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634 SUPPLEMENT TO THE CYPRUS GAZETTE, UTH SEPTEMBEB, 1936.<br />

Collusive<br />

seizures by<br />

officers azul<br />

bribes<br />

ofiered to<br />

officers.<br />

Ofiences not<br />

specifically<br />

provided for.<br />

Meaning of<br />

" Customs<br />

prosecutions."<br />

How instituted.<br />

Protoetaom<br />

of witnesses.<br />

Burden of<br />

proof on<br />

4klendant.<br />

(c) before, at or after any seizure staves, breaks or<br />

other\vise destroys any goods to prevent the seizure<br />

thereof or the securing of the same,<br />

shaU be guUty of an offence.<br />

Penalty: two years imprisonment.<br />

80. Every person who—<br />

(o) being a Customs officer or PoUce officer makes<br />

any coUusive seizure, or deUvers up or makes any<br />

agreement to deUver up or not to seize any means of<br />

conveyance or goods Uable to forfeiture, or conspires or<br />

connives with any person to smuggle any goods, or<br />

is in any way concemed in the smuggling of any goods<br />

(6) being a CiiBtoms officer or PoUce officer accepts any<br />

bribe, recompense or reward for the contravention<br />

of any of the provisions of this Law ; or<br />

(c) gives, or procures to be given, or offers or promises<br />

to give or procure to be given any bribe, recompense<br />

or reward to, or makes any coUusive agreement with,<br />

any Customs officer or PoUce officer to induce him<br />

in any way to neglect his duty, or by threats,<br />

demands or promises attempts to influence any<br />

Customs officer or PoUce officer in the discharge of<br />

his duty,<br />

shaU be guUty of an offence.<br />

Penalty: three years imprisonment or one hundred<br />

pounds or both.<br />

81. Any person who by any act or omission is gmlty of<br />

any contravention or evasion of this Law for which no<br />

other penalty is provided shaU be Uable to a penalty not<br />

exceeding twenty pounds.<br />

PART XII.<br />

CUSTOMS PROSECUTIONS.<br />

82. Prosecutions for offences against this Law, and<br />

proceedings for the recovery of duties of Customs or<br />

penalties, or for the condemnation of any means of<br />

conveyance or goods seized as forfeited, are herein referred<br />

to as " Customs prosecutions".<br />

83. Customs prosecutions shaU be instituted in the name<br />

of the ComptroUer by appropriate proceedings in any Court<br />

having jurisdiction therein.<br />

84. No witness on behaU of the ComptroUer in any<br />

Customs prosecution or on behalf of the Govemment in<br />

any proceedings under section 91 (1) shaU be compeUed to<br />

disclose the fact that he received any information or the<br />

nature thereof or the name of the person who gave such<br />

information, and no Customs officer appearing as a witness<br />

shall be compeUed to produce any report made or received<br />

by him confidentiaUy in his official capacity or containing<br />

confidential information.<br />

85. If in any Customs prosecution or in any proceedings<br />

under section 91 (1) for the recovery of any means of<br />

conveyance or goods seized by an officer any question shall<br />

arise as to whether or not the duties of Customs have been<br />

paid in respect of any such goods or whether any such goods<br />

have been lawfuUy imported, exported, carried coastwise,<br />

unshipped or shipped, the burden of proof that such duties<br />

have been paid or that such goods have been lawfuUy<br />

imported, exported, carried coastwise, unshipped or shipped,<br />

as the case may be, shaU Ue on the accused in a Customs<br />

prosecution and on the plaintiff in any proceedings under<br />

section 91 (1).<br />

ΚΥΠΡΙΑΚΗ ΔΗΜΟΚΡΑΤΙΑ<br />

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