[2] Compiled from: Guangzhou Daily, Red Star News
 
Case review
[3] Recently, the Shenzhen Intermediate People's Court website published the "(2023) Yue 0304 Min Chu No. 3143 Announcement," addressed to Shenzhen Huidi Trading Co., Ltd. The announcement states, "The case of plaintiff Jackson Yee versus defendant Shenzhen Huidi Trading Co., Ltd. regarding a portrait rights dispute has been concluded by this court. Due to your whereabouts being unknown, in accordance with Article 95 of the Civil Procedure Law of the People's Republic of China, this court hereby serves the civil judgment (2023) Yue 0304 Min Chu No. 3143 to you by announcement."

(Image source from the internet, delete upon infringement)
 

[4] The judgment content shows that the defendant, Shenzhen Huidi Trading Co., Ltd., must cease production within ten days from the effective date of this judgment and destroy all produced but unsold promotional materials bearing Jackson Yee's portrait (including but not limited to the packaging boxes of "C***e" power bank plush toys), publish an apology statement to the plaintiff on the homepage of the involved online shopping platform store "C***e Flagship Store," and compensate for economic losses of 200,000 yuan.
 
[5] The announcement states that this judgment is deemed served thirty days from the date of the announcement. If dissatisfied with the judgment, an appeal must be submitted to this court within fifteen days from the date of service of the judgment (within thirty days for parties involving foreign, Hong Kong, Macao, or Taiwan elements).
 
[6] It is reported that the product list of the C***e Flagship Store on the online shopping platform no longer includes products or promotional images bearing Jackson Yee's portrait, but no apology statement is visible on the homepage.
 
 
《[1] The People's Republic of ChinaCivil Procedure Law
Article 95
If the person on whom to serve the document is missing, or if service cannot be made by other means provided in this Section, service shall be made by public announcement. Thirty days after the date of the public announcement, the document shall be deemed to have been served.
When service is made by public announcement, the reasons and the process shall be recorded in the case file.
 
 
[1] The author's perspective
Service by public announcement is a method of serving litigation documents through public declaration when the person to be served is missing or cannot be served by other means. After the period prescribed by law, the document is deemed to have been served. As a form of constructive service, it plays a positive role in safeguarding the litigation rights of the parties and facilitating the court's exercise of judicial power.
 
However, service by public announcement also has certain drawbacks. After the service is completed, the person to be served may not actually be aware of the content of the served legal document, which may lead to adverse consequences such as default judgments or delays in appeal. Therefore, only when it has been confirmed that the person to be served is indeed missing, or although not missing, there is solid evidence that other natural methods of service are truly impossible, should an appropriate method of public announcement be carefully chosen based on the specific circumstances to serve the legal document to the person.