Quite honestly, I'm having trouble visualizing the scenario because typically with a port/starboard situation at the left gate mark (facing down wind) or the committe boat end of the finish line, the starboard boat would be inside and the port boat would be outside. So the boat on starboard tack would have right of way regardless of whether or not there is an overlap (i.e. if no overlap, they are on starboard, if there is an overlap, they are inside).

sm