No. if you are running down wind on starboard and the boat on your hip is to windward but can't bear away due to your position then they gybed to early....being windward boat they have to keep clear of you. So if it's a case of bearing down or going through a closed gate they have little option than to go higher than the pin or gybe to port prior to hitting you or the committee boat. I can't state rule numbers but I tend to remember that windward or overtaking boats keep clear in 99% of cases.