Originally Posted by
Virtually There
Why is that? Human nature, I guess.
No, it's because we just can't believe the question would be asked.
As I said earlier, be very wary of someone trying to find legal loopholes that allows them to do something stupid (not you obviously as you are just asking the question rather than advocating for it). It is akin to someone deciding that the road rules don't apply if you are not on the road and therefore it is not technically illegal to drive at 200 kph down the highway if you stay just off the shoulder of the road.
Look, it is quite possible that there is nothing in the regs that specifically states you must commence the climb immediately (although there are parts that strongly imply that this is expected), but there is more to the law than just the literal interpretation of the words. There are such things as the spirit of a law and also more general concepts such as acting negligently or recklessly.
If you really do fly an approach and get a little out of tolerance, rather than applying the concept of flying the missed approach but not climbing and hoping to get back on track and break visual, why not apply the concept of sustained errors? If you are briefly out of tolerance and fix it promptly then you
may have justification for continuing the approach. I would advocate for going around though. When an approach is a general mess it's best to just try it all again, right from the start, and do it properly.