If the wind is on your left shoulder technically you have to give way.
What I do when in this situation is lead with my intension. Eg if I'm level with other guy or slightly down wind I lower my kite early and head down wind slightly.
That way the other guy a) know what I'm doing and b) can continue on his tack,,
and most times they will raise their kite as well. If I'm up wind i will hold my tack, raise my kite and most kiters will see this and dip their kite and go under me..
Again avoiding a collision is the key, so show you intension early and you may even get a wave or a thumbs up