[blml] Any redress or rub of the green [SEC=UNOFFICIAL]

[richard.hills at immi.gov.au]

Herman De Wael asserted:

[snip]

>Some people seem to think that there are 2 different infractions:
>misinformation and illegal use of a non-pre-disclosed convention.
>
>If that is true, then the first would be penalized by an AS based
>on correct information, while the second would be adjusted based
>on the call not being made.
>
>I believe that interpretation is false, and there is only one
>infraction: that of misinformation.

[snip]

Richard Hills quibbles:

In my opinion there could be _three_ different informational
infractions.

(1) A sponsoring organisation could permit a particular convention
to be used without prior disclosure, instead merely requiring
contemporaneous disclosure via an alert (or an announcement).  If
such an alert was not made, and the lack of an alert caused damage
to the non-offending side, then the score should be adjusted on the
basis of the call being alerted (a Herman De Wael adjustment).

(2) A sponsoring organisation could ban a particular convention
under its Law 40D powers.  If a pair used that banned convention it
is not relevant whether they concealed or revealed their banned
agreement - either way the score should be adjusted on the basis
of the call not being made (a "some people" adjustment).

(3) For the Aussie Interstate Teams, pairs are conditionally
permitted to use Yellow (Highly Unusual Method) conventions, but
provided that their opponents are given some weeks' notice of these
HUM conventions.  In that case, a pair who attempted to use a HUM
convention without the required pre-disclosure are, in effect,
playing a banned convention (since the HUM convention was merely
conditionally declared legal for the event).  Ergo, if the non-
offending side was damaged, the score should be adjusted on the
basis of the call not being made (another "some people" adjustment).


Best wishes

Richard James Hills, amicus curiae
National Training Branch, DIAC
02 6223 9052

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