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This bug report affects the following tests: version_declaration-010 K-VersionProlog-3 K-VersionProlog-4 These tests test the encoding parameter of the version declaration. This does not make any sense in the context of XQueryX, since the encoding is specified in the XML declaration. However, xqx versions of these tests exist, and just place the encoding in a comment, thus negating the purpose of the tests. XQTS requires an error to be raised to pass, however the XQX queries supplied are completely valid.
Good catch. The XQueryX versions of the tests that you have listed have been removed from the test suite. Please mark this bug report as closed if you are satisfied with this resolution.