I cannot see what the prolem is - the controller waited until you were on a divergent track, yes? If you then 'decided' to carry out a g/a, you would turn the shortest way back onto the centreline of 04L to fly the g/a, by which time you would have been well clear of the outbound track, and, of course, carrying out a visual manoeuvre, the controller would no doubt expect you not to hit the departing.