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Difficult business

You, East, hold at IMP scoring:

J1043  82  A964  KJ2

On this, your very first board with a new partner, you have a chance to use a convention.

At favourable vulnerability, you respond 3 to partner's opening bid of 1 (five-card majors, 15-17 no trump, almost all 5-3-3-2 shapes in range open 1NT). Thereby, you show 7-10 hcp and four spades; you imply but do not promise a relatively balanced hand.

South bids 4 and West passes slowly. Notwithstanding whether or not you would in any circumstances do anything other than pass with the actual hand, please answer the following question.

After North's pass, which of these best describes the ethical constraints upon you?

The UI from partner's BIT suggests that I don't pass, so I must pass.
The UI from partner's BIT does not demonstrably suggest any one action over any other action, so I may make any call I choose.

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