[blml] What is a penalty? (was Law 24) [SEC=UNOFFICIAL]

[richard.hills at immi.gov.au]

Kojak:

>For Ton and Grattan,
>
>Please correct me if I'm wrong. The declarer has
>exercised an option permitted by Law WHEN HE
>BECAME THE DECLARER. Other penalties have already
>been applied per Law 24.  He has decided that he
>does not wish any additional penalties (Law 50
>and Law 16) to apply.

[snip]

>Again a yes or no would suffice to let me know
>what we are talking about..

Richard Hills:

In my opinion, this is one of the rare cases
where Kojak is indeed wrong.

Unless, of course, my own opinion is wrong.

:-)

What we are talking about is "what is a penalty?"

Throughout the 1997 Lawbook, including in Law 24,
there is repeated this bracketed word:

(penalty)

Following each such bracketed word is a specific
and specified rectification.

On the other hand, Law 16A does not include the
bracketed word (penalty).  Rather, Law 16A
imposes a general obligation that a player may
not select from amongst logical alternatives
one that could demonstrably have been suggested
over another by unauthorised information from
partner.

Ergo, in my opinion, neither Law 24 nor Law 81C8
may be used to waive the general obligation for
a player to abide by Law 16A.


Best wishes

Richard James Hills, amicus curiae
National Training Branch
02 6225 6285