The aeronautical experience of an applicant for the issue of a command instrument rating shall include
e: except for those persons whose licence is restricted to day only operations, 10 hours night flight of which not less than 5 hours shall be as pilot in command on the category of aircraft for which the rating is sought.
Since henli states that he got his MECIR without having a NVFR rating that implies that at the time of gaining his instrument rating his license was "restricted to day only operations".
Disagree - No such implication can be drawn. Henli didn't say that he doesn't have any night flight time, just that he doesn't have a NVFR rating. Where I work, if the student doesn't have a NVFR rating, we do part of the CIR at night to cover this exact situation.