They have changed the manual somewhat. I don't really think they will have changed the motor so I would bet that they are erring on the side of caution. I have carried my motor on its side, tiller down, many times with no problems. I have a friend who has done the same with his 9.8 hp Tohatsu.
If you drained the oil, why would you elevate the power unit to avoid oil spillage as in the second bullet point? There wouldn't be any oil to spill.
I would give it a try, with the oil in it. I wouldn't anticipate a problem, but the mechanic told me the fix is easy.
If you are still in doubt, find the local Tohatsu dealer and ask there.
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