You're free to argue anything you'd like, but in this case, it appears that you would lose.
If you know your boat needs so much space to safely round up, you need to leave that much space if you pass someone to leeward (on their windward side). The rules are simply not intended to protect the passing boat.
Mike
But the rules are there to avoid collissions; if the windward boat is FORCED to capsize on top of the leeward boat; the leeweard boat did not give them enough room to keep clear.....
Remember I am playing devils advocate...
