just kissing is dangerous and illegal, i got just kissed recently and the guy almost took my rudder off. back in my sunfish days we used to do it to make a point, multis are so fast closing speeds can be wicked, especiaslly in the situation you describe. the guy going downwind is reaching so hes probably smokin, if it were me i would pick my choice of which would be faster, bearing off or heading up, and just blow on by : )