On Thursday, 18 February 2016 at 16:54:10 UTC, Robert burner Schadek wrote:
It does not, it has no prolog and therefore no EncodingInfo.

In that case, it needs to be valid UTF-8 or valid UTF-16 and it is a fatal error if there's any invalid bytes:

https://www.w3.org/TR/REC-xml/#charencoding

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It is a fatal error if an XML entity is determined (via default, encoding declaration, or higher-level protocol) to be in a certain encoding but contains byte sequences that are not legal in that encoding. Specifically, it is a fatal error if an entity encoded in UTF-8 contains any ill-formed code unit sequences, as defined in section 3.9 of Unicode [Unicode]. Unless an encoding is determined by a higher-level protocol, it is also a fatal error if an XML entity contains no encoding declaration and its content is not legal UTF-8 or UTF-16.
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