Hi Richard, please retain the spacer at the bottom - it doesn't really matter that the clamp isn't completely closed.
I've just been checking through some photos and can see the same type of opening. The clamp relies on two methods of retention, physical clamp force on the rack tube and the lip which also stops the rack from turning. To get the clamp to grip the tube, the diameter of the clamp needs to be slightly less than the outer diameter of the rack tube itself - if the former was the same dia or bigger it wouldn't grip the tube.
Therefore because all the rack tubes can vary in dia within a given tolerance, I didn't think it was possible to design the clamp to always sit flat when fastened, hence the small gap.
Bottom line, don't worry about it.
I drive my Hill Climb sprint very aggressively and in 6 years I've never had an issue. I can't see it being an issue on a low mileage road car.
Out of interest, if you can be bothered, have a look to see if there are any raised bits on the tube like a bit of weld or something and make sure the plastic rack centralising bung isn't in there, that can cause that - I can't remember which end that sits if it's still present...they generally aren't!