[blml] Are the laws clear on telling pard to ask a question? [SEC=UNOFFICIAL]

[richard.hills at immi.gov.au]

Jerry Fusselman:

[snip]

>It sounds to me (Please pardon me if I misunderstood) that you
>two are saying that you know what information West would get by
>asking and can handle the fallout, but I would not be so sure,
>and I would rather simply bar the question for a more robust
>prevention of UI.

Law 75A:

"Special partnership agreements, whether explicit or implicit,
must be fully and freely available to the opponents ..... "

Richard Hills:

It seems to me that preventing UI by allowing the other side to
have a concealed partnership agreement is a cure that is worse
than the disease.

It is _use_ of UI which is the problem.  West gained UI from her
partner's in-effect "pro question".  (A "pro question" is a
question asked because partner is too timid to ask her own
questions.)  Therefore, West's logical alternatives are those
which were available to West at the moment before his partner
intervened.  Furthermore, West's *legal* logical alternatives
are those which are not demonstrably suggested to her by his
partner's intervention.  As Grattan has noted, on the facts so
far available, it seems that West has information her partner
is suggesting that he choose a spade as an opening lead.  If
this is indeed the case, a spade lead is only permissible if it
was the _only_ logical alternative at the moment before East's
infraction.


Best wishes

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

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