The best option is to stick by the rules of your Organization and the governing HR policies as applicable.
If this is a "must hire" then present the case to Sr.Management and arrive on a solution by ensuring that the higher ups in your Organization are well aware of the hiring approach and approve bending the existing rules for business reasons.
On the contrary if you are calling the shot then the responsibility rests on your shoulder and will be placing your reputation and decision making prowess at stake should the other employer lodge a complaint to your Sr.Management over unethical hiring (technically "poaching").
If one can't bend the rules then don't attempt to break, just live by it.
If this is a "must hire" then present the case to Sr.Management and arrive on a solution by ensuring that the higher ups in your Organization are well aware of the hiring approach and approve bending the existing rules for business reasons.
On the contrary if you are calling the shot then the responsibility rests on your shoulder and will be placing your reputation and decision making prowess at stake should the other employer lodge a complaint to your Sr.Management over unethical hiring (technically "poaching").
If one can't bend the rules then don't attempt to break, just live by it.