The Secretary for Justice will be given a free hand to decide whether to prosecute three protesters who disrupted the interim body's proceedings last Wednesday. Chairman of the Provisional Legislative Council Commission Rita Fan Hsui Lai-tai gave the assurance yesterday. Following a two-hour deliberation behind closed doors, Mrs Fan, also the provisional legislature's president, said: 'It's neither a question of us throwing the ball [into the Secretary for Justice's court], nor is it a political question. But in law, the decision is not in our hands.' Three protesters from the April 5th Action group chanted slogans from the public gallery. Mrs Fan said the police were investigating the incident, and the final decision on whether the protesters should be prosecuted rested with the Secretary. She denied the commission had encountered any difficulties in recommending whether legal action should be taken. Condemning the incident, Mrs Fan said she regretted the behaviour of Leung Kwok-hung and two other activists, but they would not be blacklisted. 'We believe the public gallery is there for members of the public in Hong Kong who come to listen and observe the proceedings,' she said. 'We hope that people will not disturb our proceedings, but we will not prejudge anyone for wanting to disturb our proceedings.' Mrs Fan said the commission was confident the Secretary for Justice would arrive at an appropriate decision.