The magic line is about 3:45. That's 22.5 degrees abaft of your starboard beam. Behind that he's passing you and you are stand-on. In front of that he's crossing from the starboard and you are give-way.
Most people assume passing only applies from directly astern, so in this situation I aways prepare to take evasive action. I've also made this mistake, it's really hard to judge that angle perfectly.
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