There's not a lot of discussion needed here.

The XML Declaration MUST be the first thing in the file if present, with 
the sole exception of the byte order mark. This comes right out of the 
grammar. (See  productions 1, 22, 23 in the XML 1.0 Recommendation, 
available at http://www.w3.org/TR/.)

Processing instructions, which share the <??> syntax with the XML 
Declaration, MUST NOT use the target name "XML" in any mixture of upper 
and lower case. (See production 17.) That's reserved for use by the W3C, 
and so far they have (correctly, in my opinion) not chosen to use it.

Hence there's no question of "a misplaced declaration" -- if it isn't in 
the right place, it isn't a declaration and with that name it can't be 
anything else. All the examples in Jan's note are quite clearly 
ill-formed.


(A good XML tutorial should have covered this point.)

______________________________________
Joe Kesselman  / IBM Research

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