Let me answer by illustration: I think stag hunting is hunting. You know, the activity which you concede is cruel yet would allow under the Giles Anti-Cruelty Act.
You completely misunderstand the nature of the law I am proposing, it wouldn't be up to me wether stag hunting was allowed under the act. It would be up to the courts to decide whether or not it was cruel.
No it's not. It's up to them to decide whether something is flushing out. The law defines flushing out as hunting, even though we agree in reality it isn't.