HTML Output & PI

I have a question on the output format for processing instructions when no 
output method is set. For HTML a XSLT processor is supposed to use 
'>' rather than '?>' to terminate a processing instruction. However if you 
use,

<xsl:template match="/">
	<xsl:processing-instruction name="a">b</xsl:processing-instruction>
	<html/>
</xsl:template>

with Instant Saxon 6.5 the output is,

<?a b?><html/>

I am assuming that Saxon does not determine the output should be HTML until 
after the PI has been output. To handle this correctly would clearly require 
some form of output lookahead is used when formating output which would be 
nasty to implement. So,

1. Is Saxon non-conformant here?
2. If it is are there likely to be any adverse effects? Browser issues?

Thanks,
Kev.







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