to those who deliberately transmit the AIDS virus.

Health Minister the Hon. Quinton Edness made this clear yesterday in response to reports that the UK government has decided against making it a criminal offence to knowingly transmit HIV.

Britain's Home Secretary Mr. Kenneth Clarke considered introducing the law after a 24-year-old haemophiliac, Roy Cornes, allegedly infected several women in Birmingham this year.

This week, however, Mr. Clarke said making it a criminal offence to deliberately transmit the AIDS virus would be difficult to enforce.

And his aides said it might drive the disease further underground by discouraging people from taking tests.

But Mr. Edness said yesterday he would press ahead with plans to update Bermuda's Criminal Code next year, including making it a sexual offence for an infected person to knowingly have sex without telling his or her partner about their condition.

He said Government would also amend the 1949 Public Health Act, making it mandatory for doctors to inform orally and in writing patients who are infected.

Mr. Edness said he did not believe this would drive AIDS further underground or discourage people from taking the AIDS test.

"I don't think it is going to slow down people from coming forward for the HIV test,'' he said.

"It is more likely that people will come forward if they suspect they have AIDS or are sick or have to take a blood test.'' Accepting that the British government's decision could have some validity, Mr.

Edness said: "There are always two sides to an argument.

"I know about the UK policy, but the US and smaller countries do not agree with that.

"In Britain it would be difficult to trace and therefore make it difficult to collect evidence.

"But in our case, we will be amending the Public Health Act.

"That will mean the care givers, doctors, will have to instruct their patients that they have the disease and they have to put that on record. So if a person commits that type of offence, it is recorded that they have been told they have it.

"Obviously it is also a defence to that person who has not be informed.'' Mr. Edness said he debated the issue with UK policy makers through the Foreign and Commonwealth Office.

"One of the things they have not thought about is causing a record to be kept in doctors' offices,'' he said. "If they had, they might take a different view of how to handle it.'' Mr. Edness stressed that the proposed law was aimed at stopping people with malicious intent.

He said the British government's arguments had to be weighed against this.

"We're saying to everybody this is a very dangerous disease and everybody has to be careful. At best, they should abstain from having sex until it is known that someone is safe.

"And to those with HIV, they have a responsibility too, if they have a partner to tell them.

"The British government has taken a very reserved point of view while we have taken a very innovative view.''