Yes, Law 31 is. But Law 23 is also clear (all emphasis mine):
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When the penalty for an irregularity under any Law would compel the offender's partner to pass at his next turn, if the Director deems *that the offender, **at the time of his irregularity**, could have known* that the enforced pass *would be likely to damage* the non-offending side, he shall require the auction and play to continue and *consider awarding* an adjusted score.
So there are the requirements for Law 23 to activate:
1) Forcing partner to pass would be *likely* to damage the NOs;
2) It was possible to demonstrate this likelihood *at the time of the irregularity*;
3) The TD has to believe that the damage was such that an adjusted score should be awarded;
4) However, it is not necessary to show intent, "a cheater would have done the same thing that you did in all innocence" suffices (note: many Laws have been written with that "could have known" phrase - this allows the TD to enforce a penalty/restore equity without impugning the player's ethics or determining the player's intent. It is, in this legal climate, a very comfortable backstop).
If you truly believe that with x xx AKJxxxx Qxx or the like (the OP says 7 diamonds to the AKJ and the CQ) in fourth seat, hearing opener pass, that barring partner and gambling out 3NT is *likely* to lead to a better score than hearing what partner has to say - remember that North still gets to call legitimately, and before you get to play your 3NT trick - then fine, look for an adjusted score. But it's a judgment ruling, so you should consult. I don't think you'll find anyone who agrees.
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In this case the pass damaged the non offending side, as with 2 aces and 11 pts, the player could choose another bid instead of pass over 3NT.
Um, this is cause-and-effect backwards - *because* partner has to pass, and whatever I bid will be the contract, I'd better hope N/S aren't faking me out and trust partner to have stuff; and 3NT is the highest-upside gamble.
Were partner not barred, I don't think anyone would bid 3NT. But partner's enforced pass is authorized information for East, and if she chooses to gamble game instead of partscore, fine. In an extreme case, you can't force East, holding AKQTxx KJ9xx A A, to open 2C strong and artificial, just because that would be her bid without West's enbarment.
Yes, East got lucky. Law 72A5 allows East to get lucky, even getting lucky in an "impossible" way - as long as it truly is not otherwise, systemically, impossible. Law 23 stops people from insufficient bidding and then bidding 4NT to play, or responding to 1NT out of turn, then bidding 2C to play at the proper time. The criteria of time and likelihood have to be established, and in the words of my TD exam evaluator, "It is not likely that you will ever have the situation for Law 23 occur."
When, on BLML, the situation where second-in-hand opened out of turn, then psyched his void major at the correct turn, knowing partner had to pass, came up, the consensus was that Law 23 doesn't really apply, but it's borderline (I believe the ruling that ended up being given used the "Red Psychic" regulation in effect in the EBU, as 1S was in effect "self-fielding").
Michael.
Long live the Republic-k. -- Major General J. Golding Frederick (tSCoSI)