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[I've split this issue from Bug 11701 at Benjamin Nguyen's request.] Test-case K2-DirectConElem-53 has <expected-error>XPST0003</expected-error> which is correct for XQuery 1.0, but not 3.0. The query is: namespace {"p"} {"abc"} which is a valid instance of the 3.0 grammar. (But I'm not sure what the expected result for 3.0 should be instead.)
I have transferred this bug issue as a bug against FOTS. This has been resolved already in FOTS.